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07-13-2021 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION July 13, 2021 7:00 PM Fridley Civic Campus, 7071 University Ave N.E. AGENDA Call to Order Approval of Agenda Approval of Meeting Minutes 1. Approve the Minutes from the Environmental Quality and Energy Commission meeting of June 8, 2021. New Business 2. Mississippi River Corridor Critical Area Ordinance Update Old Business 3. Micromobility Sharing Update Other Items 4. Compostable Item Program 5. Informal Status Updates Adjournment 2 Jufn!2/ AGENDA REPORT Meeting Date: July 13, 2021 Meeting Type: Environmental Quality and Energy (EQEC) Commission Submitted By: Rachel Workin, Environmental Planner Title Approve the Minutes from the Environmental Quality and Energy Commission meeting of June 8, 2021. Background Attached are the Minutes from the Environmental Quality and Energy Commission meeting of June 8, 2021. Recommendation Approve the Minutes from the Environmental Quality and Energy Commission meeting of June 8, 2021. Attachments and Other Resources !Environmental Quality and Energy Commission Minutes- June 8 2021 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 3 Jufn!2/ ENVIRONMENTAL QUALITY AND ENERGY COMMISSION Fridley Municipal Center, 7071 University Ave Ne MINUTES WǒƓĻ БͲ ЋЉЋЊ Location: Zoom Webinar Call to Order Commissioner Dritz called the Environmental Quality and Energy Commission to order at 7:00 p.m. Roll Call Present: Amy Dritz, Justin Foell, Nick Olberding, Heidi Ferris, Aaron Klemz, and Sam Stoxen Absent: Mark Hansen Staff: Rachel Workin, Environmental Planner Adopt the Agenda Commissioner Foell made a motion to adopt the agenda and Commissioner Stoxen seconded the motion. MOTION PASSED unanimously 1. Approve April 13, 2021 Meeting Minutes Commissioner Olberding made a motion to approve the minutes and Commissioner Ferris seconded the motion. MOTION PASSED unanimously. New Business 2. Remote Bikeable Community Workshop Ms. Workin thanked commissioners for participating in the Remote Bikeable Community Workshop. She rd provided commissioners updates on trail projects within the City, including the award of funding for the 53 th Ave Trail between Highway 65 and Main Street and the development of plans for the 7 Street trail between rdst 53 Avenue and 61 Avenue. Ms. Workin also shared that the City had a demonstration project for a road diet on the University Avenue Service Rd. Commissioner Foell recommended providing contact information onsite for people to give feedback on the demonstration project. Commissioner Ferris asked if staff would consider providing green space buffer behind the curb for additional stormwater management and pollinator benefits. Ms. Workin said that she would find more information but provided decreased impacts to the adjacent property owner, difficulty establishing grass, maintenance, and trail widening as potential reasonings for having a paved buffer. Ms. Workin shared the workshop summary for the Remote Bikeable Community Workshop. The summary identified the top priority items as 1) wayfinding signage, 2) gap analysis, 3) slow ride, 4) promoting biking to businesses. Ms. Workin asked the Commissioners how they would like to move forward. Commissioners recommended prioritizing wayfinding. Mr. Foell shared would work on developing a wayfinding plan for EQEC review. Ms. Workin also shared that she was meeting 4 Jufn!2/ with Anoka County TMO and BikeMN to learn more information on opportunities for businesses. Commissioners discussed if there was an opportunityfor the police to engage with the public or conduct their patrols via bicycle. Ms. Workin said she would check with the police department. Other Items 3. Shared Micromobility Vehicles Ms. Workin said that the City received a Text Amendment from Bird Rides Inc to allow for Shared Micromobility Vehicles within the public right-of-way. There will be a public hearing before the Planning Commission on June 16. Commissioner Klemz asked if scooters would be able to move between Minneapolis and Fridley if approved. Ms. Workin said she would find out. 4. Informal Status Reports Ms. Workin shared that the rental department was switching to a Plug-In Hybrid Electric Vehicle. She also said that she would be tabling at a summer concert series at the Civic Campus. Commissioners also discussed the Dritz recommended working with the Center for Energy and Environment to discuss the next phase of Energy Action Plan implementation. Adjourn Commissioner Ferris made a motion to adjourn. Commissioner Stoxen seconded the motion. MOTION PASSED unanimously. 5 Jufn!3/ AGENDA REPORT Meeting Date: July 13, 2021 Meeting Type: Environmental Quality and Energy (EQEC) Commission Submitted By: Rachel Workin, Environmental Planner Title Mississippi River Corridor Critical Area Ordinance Update Background The Mississippi River Corridor Critical Area (MRCCA) is a corridor of land along a 72-mile stretch of the Mississippi River through the Twin Cities Metropolitan Area. Land development within the MRCCA is regulated by local governments in order to protect the natural, cultural, and scenic resources of the River. Communities within the MRCCA are responsible for developing a MRCCA plan as part of their Comprehensive Plan as well as implementing zoning regulations consistent with the plan and Minnesota State Statute. These zoning regulations provide special consideration for the River during building construction, land alteration, subdivisions, and other land use activities. In Fridley, these regulations are contained within Zoning Overlay District 205-28 0-2 Critical Area District Regulations. In 2017, the state adopted new rules for the MRCCA put forth by the Minnesota Department of Natural Resources (DNR). The DNR also developed a model ordinance that provides the minimum standards that communities must adopt. Beginning in January 2020 and going through approximately December 2022, all 30 communities within the MRCCA will be required to adopt new MRCCA zoning standards to be in compliance with these new rules. On June 29, 2021, the City of Fridley received notification from the DNR that it must update its MRCCA ordinance by June 29, 2022. The Friends of the Mississippi River is a St. Paul-based nonprofit focused on the Mississippi River that Conner Toberman, River Corridor Program Director will be presenting to provide information on the MRCCA and land use planning along the River. Recommendation Informational purposes only Attachments and Other Resources !Current MRCCA zoning overlay !DNR model ordinance Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 6 Jufn!3/ FRIDLEY CITY CODE SECTION 205-28. 0-2 CRITICAL AREA DISTRICT REGULATIONS 1. PURPOSE AND INTENT It is the purpose and intent of this district to prevent or mitigate irreversible damage to the Mississippi River Corridor and to preserve and enhance its values to the public. The Mississippi River Corridor is a unique and essential element in the local, regional, state and national transportation, sewer and water, and recreational systems, as well as serving important biological and ecological functions, and shall be protected and preserved in accordance with the following policies: A. The Mississippi River Corridor shall be managed as a multi-purpose public resource that provides for the development of a variety of urban uses within the river corridor while conserving the scenic, environmental, recreational, mineral, economic, cultural, and historic resources and functions of the river corridor. B. The Mississippi River Corridor shall be managed in a manner consistent with its natural characteristics and its existing development and in accordance with regional plans for the development of the Metropolitan Area. C. The Mississippi River Corridor shall be managed in accordance with the Critical Areas Act of 1973, the Minnesota Environmental Policy Act of 1973, and the Governor's critical area designation, Executive Order No. 130, dated November 23, 1976, and other applicable state and federal laws. 2. DISTRICT BOUNDARIES The boundaries of the 0-2 District shall be located on the official zoning map of the City of Fridley, and shall encompass all property located between the center line of Anoka County Trunk Highway 1 and the normal high water line of the east bank of the Mississippi River running from the north boundary to the south boundary line of the City. 3. DEFINITIONS For the purpose of this district the following definitions shall apply: A. Bluff. Those steep slopes lying between the normal high water mark and the River Corridor boundary having an angle of ascent from the river of more than twelve percent (12%) from the horizontal. B. Bluffline. A line delineating the top of the bluff connecting the points at which the angle of ascent becomes less than twelve percent (12%). More than one (1) bluffline may be encountered. 7 Jufn!3/ Fridley City Code Chapter 205 (Zoning) Section 205.28.3.K. C. Clear-cutting. The indiscriminate cutting down of large numbers of trees in a given areas. D. Critical Area. The area known as the Mississippi River Corridor Critical Area designated by the Governor in the Executive Order No. 130. E. Development. The making of any material change in the use or appearance of any structure or land including reconstruction; alteration of the size of any structure; alteration of the land; alteration of a shore or bank of a river, stream, lake or pond; a commencement of drilling (except to obtain soil samples); mining or excavation; demolition of a structure; clearing of land as an adjunct to construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land; the dividing of land into two (2) or more parcels. F. Essential Services. Means underground or overhead gas, electrical, steam or water distribution systems including poles, wires, mains, drains, sewer pipes, conduits, cables and other similar equipment and accessories in conjunction therewith. G. Public Safety Facilities. Hydrants, fire alarm boxes, street lights, railway crossings signals and similar accessories including buildings. H. Retaining Wall. A structure utilized to hold a slope in a position in which it would not naturally remain. I. Terrace. A relatively level area bordered on one (I)or more sides by retaining walls. J. Utility Facility. Physical facilities of electric, telephone, telegraph, cable, television, water, sewer, solid waste, gas and similar service operations. K. Wetlands. Low lying areas which may be covered with shallow and sometimes intermittent water. They are frequently associated with a high water table. Wetlands are generally too wet for cultivation or development without artificial drainage. Swamps, bogs, marshes, potholes, wet meadows and sloughs are wetlands. 8 Jufn!3/ Fridley City Code Chapter 205 (Zoning) Section 205.28.7.B.(4) 4. USES PERMITTED Any use permitted within the existing zoned district. 5. USES EXCLUDED A. Any use that was excluded within the existing zoned district. B. Any barge fleeting or barge loading. C. Any waste storage use or treatment facilities. D. Any mining or extraction uses other than soil preparation or peat removal. 6. SITE PLAN REQUIREMENTS A. No building permit, zoning, or subdivision approval shall be issued for any action located in this district until a site plan has been prepared and approved in accordance with the provisions of this Section. B. No site plans shall be required for a single family dwelling or for the extension, enlargement, change, or alteration thereof, nor accessory structures thereto. 7. SITE PLAN CONTENTS A. Site plans shall be prepared to a scale appropriate to the size of the project and suitable for review. B. The following information shall be provided in the site plan: (1) Location of the property including such information as the name and numbers of adjoining roads, railroads, existing subdivisions, or other landmarks. (2) The name and address of the owner(s) or developer(s), the Section, township and range, northpoint, date and scale of drawing and number of sheets. (3) Existing topography as indicated on a contour map having a contour interval no greater than two (2) feet per contour. The topography map shall also clearly delineate the river and any bluffline, all streams, including intermittent streams and swales, river, waterbodies and wetlands. The topography map shall indicate the floodway and/or flood fringe lines and the normal highwater mark of the river. (4) A plan delineating existing drainage of the water setting forth the direction, the volume, and at what rate storm water is conveyed from the site, and setting forth those areas of the site where storm water collects and is gradually percolated into the ground or slowly released to a creek, river or lake. 9 Jufn!3/ Fridley City Code Chapter 205 (Zoning) Section 205.28.7.B.(13) (5) A proposed drainage plan of the developed site delineating the direction, the volume, and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collect and gradually percolate into the ground, or be slowly released to a creek, river or lake. The plan shall also set forth the hydraulic capacity of all structures to be constructed, existing structures to be utilized, and volume of holding ponds for the design storm (i.e. six inch (6"), twenty-four (24) hour rain). (6) A description of the soils of the site including a map indicating soil types by areas to be disturbed as well as a soil report prepared by a soil scientist containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable. All areas proposed for grading shall be identified by soil type, including the existing top soil and the soil type of the new contour. The location and extent of any erosion areas shall be indicated. The stability of rock outcroppings along blufflines and faces shall be included in the soils description. (7) A map indicating proposed finished grade having a contour at the same intervals as provided on the existing topographic map or as required to clearly indicate the relationship of proposed changes in existing topography and remaining features. (8) An erosion and sedimentation control plan indicating the type, location, and necessary technical information on control measures to be used during and after construction including a statement expressing the calculated anticipated gross soil loss expressed in tons per acre per year during and after construction. (9) A delineation of the location and amounts of excavated soils to be stored on the site during construction. (10) A description of the flora and fauna, which occupy the site or are occasionally found thereon, setting forth in detail those areas where unique plant or animal species may be found on the site. (11) A description of any features, buildings or areas which are of historic significance. (12) A landscape plan drawn to an appropriate scale, including dimensions, distances, location, type, size and description of all existing vegetation proposed for removal and all proposed landscape materials which will be added to the site as part of the development. (13) The proposed size, alignment, height and intended use of any structure to be erected or located on the site. : Jufn!3/ Fridley City Code Chapter 205 (Zoning) Section 205.28.8.C.(4) (14) A clear delineation of all land which shall be paved or hard surfaced including a description of the surfacing material to be used. (15) A description of the method to be provided for vehicular and pedestrian access to the proposed development and public access to river and/or public river view opportunities both before and after development. A description of the development's impact on existing view of and along the river. A description of all parking facilities to be provided as part of the development of the site including an analysis of parking needs generated by the proposed development. (16) A delineation of the area or areas to be dedicated for public use. (17) Any other information pertinent to the particular project which in the opinion of the City or applicant is necessary or helpful for the review of the project. 8. ADDITIONAL REQUIREMENTS FOR ALL STRUCTURES A. Lot Size. Lot size shall be governed by the existing zoning district. B. Building Height. Building height shall be governed by the existing zoning district. C. Setbacks. Setbacks shall be governed by the existing zoning districts except as follows: (1) All new structures and uses shall be placed not less than forty (40) feet from the top of the bluffline overlooking the Mississippi River. (2) All new structures and uses shall be placed not less than 100 feet from the Mississippi River normal high water line as defined by the Federal Insurance Administration's Flood Insurance Study. (3) Exceptions to setback requirements shall include public safety facilities, public bridges and approaches, public roadways, public recreation facilities, scenic overlooks, regional and local trails; docks and boat launching facilities, approved river crossings of essential services and distribution services and historical sites designated by the National and State Register of Historic Places. (4) The following agencies shall be notified of all variance requests to the above setback requirements: The Minnesota Department of Natural Resources and Environmental Quality Board. 21 Jufn!3/ Fridley City Code Chapter 205 (Zoning) Section 205.28.9.C. D. Placement of Structures. (1) Placement of structures in areas subject to flooding as designated in Section 205.24 of this Chapter shall be governed by the regulations of that Section. (2) No land with slopes, before alteration, in excess of eighteen percent (18%) will be developed for use except for necessary erosion control structures which are in conformance with all other guidelines and standards. All applicable local, state and federal laws, rules and regulations and Metropolitan plan guidelines and standards must be met for bridge construction and bridge approach roadways. (3) Development on slopes in excess of twelve percent (12%), but less than eighteen percent (18%), will be permitted provided that the applicant can meet the following conditions: (a) The foundation and underlying material shall be adequate for the slope condition and soil type. (b) The developer can demonstrate that development during and after construction can be accomplished without increasing erosion and that there are proper controls to reduce runoff to nondestructive levels. (c) The proposed development presents no danger of falling rock, mud, uprooted trees and other material to structures, recreational facilities, public lands and public water down hill. (4) Line of Sight. The development of new, or the expansion of existing structures, shall be placed so that the development is consistent with the preservation of the view of the river corridor from other properties on both sides of the river and by the public. The walling off of views of the river corridor from other properties and public right-of-ways shall be prohibited. 9. NATURAL RESOURCE MANAGEMENT A. Grading and Filling. Grading and filling or otherwise changing the changing the topography landward of the ordinary high water mark shall not be conducted without a City permit, and in compliance with the provisions of Minnesota Regulation MR 79, Section (h), of the Wild and Scenic Rivers Regulation, paragraphs (1), (2) and (3). B. Retaining walls and erosion control structures waterward of the normal high water mark are permitted structures 'if the applicable permits issued by the Army Corps of Engineers and the Minnesota Department of Natural Resources have been obtained. C. Retaining walls and erosion control structures on the landward side of the normal high water mark that are visible from the water surface shall meet the following design criteria: 22 Jufn!3/ Fridley City Code Chapter 205 (Zoning) Section 205.28.10.A. (1) Retaining walls or terrace contours shall not exceed five (5) feet in height. (2) The minimum space in between retaining walls shall be twenty (20) feet. D. Vegetative management. (1) Clear-cutting of trees on the slope or face of bluffs and within forty (40) feet landward from the bluffline or river bank area shall not be permitted. (2) The selective cutting of trees greater than four inches (4") in diameter may be authorized by the City, when cutting is appropriately spaced and staged to maintain a continuous natural cover. (3) The development of new or the expansion of existing structures shall be accomplished so as to minimize the need for tree removal. If trees over four inches (4") are cut, the density of tree cover shall be restored to that which existed before cutting. The applicant shall demonstrate that all grading which takes place will be conducted in a manner that preserves the root zone aeration and stability of existing trees and provides an adequate watering area equal to at least one-half (1/2) of each tree crown cover. (4) Exceptions to the above include the removal of diseased or damaged trees. E. Standards for surface water management and erosion control. (1) Storm water run-off from any new development may be directed into public water bodies and drainage systems provided that it is substantially free from silt, debris and chemical pollutants, and only at rates equal to that on the property before development. (2) Any new development shall provide for erosion protection measures which make maximum use of natural in-place vegetation. During construction and until such time as final control measures are fully implemented and established, adequate development practices will be maintained to insure that gross soil loss levels shall not exceed five (5) tons per acre per year during construction or two (2) tons per acre per year during construction when the site is adjacent to a water body or water course; and one-half (1/2) ton per acre per year after the construction activities are completed. (3) Structures, trails and roadways shall be sited to minimize levels of pedestrian and vehicular traffic in areas where soil compaction and loss of vegetation cover can contribute to erosion problems. 10. TRANSMISSION SERVICES, PUBLIC TRANSPORTATION, AND RIVER CROSSING A. Transmission and Essential Services. 23 Jufn!3/ Fridley City Code Chapter 205 (Zoning) Section 205.28.11.B.(2) (1) Primary consideration shall be given to underground placement of services in order to minimize aesthetic, environmental and public safety aspects. When considering overhead placement, the developer must show the reasoning that makes underground placement unfeasible. (2) All transmission service crossing of the Mississippi River require a permit pursuant to Minnesota Statute 84.415 or 105.42 by the Department of Natural Resources. (3) All transmission crossing of land within the district shall require a Special Use Permit as required by this Chapter. B. Transportation Facilities. Transportation crossings shall be permitted in accord with NR 79, Section (j), except paragraph (ddd) under (i), route design of the Wild and Scenic River regulations. (1) In planning and designing the construction or reconstruction of all public transportation facilities which closely parallel the river or blufflines, careful consideration should be given to the provision of scenic overlooks for motorists, safe pedestrian access from areas on the landward side of these transportation facilities and safe pedestrian facilities along the riverward of these facilities. (2) The construction or reconstruction of all public transportation facilities shall be located and designed in such a manner that will maintain the safe use and access to the riverfront in public ownership, allow reasonable use of the land between the river and the transportation facility and maintain the aesthetic quality of the river environment. 11. PUBLIC ACCESS A. Public pedestrian right-of-way including river access shall be provided for any new development that is adjacent to or part of an overall plan of the city for pedestrian movement within the district. B. Public pedestrian access shall be provided to the riverfront of developments on publicly owned and publicly controlled riverfront property. Access will not be provided where: (1) Unavoidable hazards exist to the public. (2) Public pedestrian access at a particular location cannot be designed or developed to provide a pleasant view or recreational experience. 24 Jufn!3/ Fridley City Code Chapter 205 (Zoning) Section 205.28.12.C. 12. RIGHT OF WAY MAINTENANCE A. Natural vegetation of value to fish or wildlife, which does not pose a hazard or restrict reasonable use of the property, shall be allowed to grow in the right-of-way. B. Where vegetation has been removed, new vegetation consisting of native grasses, herbs, shrubs and low growing trees, shall be planted and maintained on the right-of-way. C. Chemical control of vegetation should be avoided when practicable, but where such methods are necessary, chemicals used and the manner of their use must be in accordance with rules and regulations of all state and federal agencies with authority over the use. 25 26 Jufn!3/ /2021 23 state 02 / 6 2 0 with the rules, he minimum in ptional language is O consistent state statutes and other The model also contains ordinance is consistent with model . This the standards in the model are . their zoning code optional and explained better resource protection either through higher standards than t s identified as clearly have been slightly restructured for ease of administration. that provide is for local government zoning purposes - isions section, chapter or article within This text language prov the If a conflict exists with underlying zoning, the provisions of the overlay district govern. Where specific numeric MRCCA optional new a In some areas, the ordinance provisions are different from rules to be consistent with . 0 018 . overlay district. 06 61 clarify and administer from the rules. 0010 . with any questions on this model ordinance. to help deletions 6106 ted in this model, those numeric thresholds or standards must be included in the overlay district. or ydrologist most notably the vegetation and subdivision sections , Parts not in rule - Area H additions MRCCA rules agency rules. In these cases, the commentary explains why the changes have been made. In all other areas blue bold Introduction This model is intended to help local governments develop and federal although some sections administrative language The MRCCA provisions must be structured as an thresholds or standards are lis Blue bold text rule or by clarifying rule provisions that may be difficult to administer. shown as This model is periodically updated to improve clarity based on feedback from local governments. Please check for the latest vPlease contact your 27 11 10141718212426293234 Jufn!3/ /2021 111519222527303335 23 _ ____ 02 ___/ 6 2 0 _______________ ___________________ ________________________________________ ______________________ ______________________________ _______________________________ ________________________________ ________________________________ ________________________________________________________________ ________________________________ ________________________________ ________________________________ ________________________________________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ LAND ALTERATION STANDARDS AND STORMWATER MANAGEMENTSUBDIVISION AND LAND DEVELOPMENT STANDARDSEXEMPTIONS AUTHORITY, INTENT AND PURPOSEGENERAL PROVISIONS AND DEFINITIONSADMINISTRATIONMRCCA DISTRICTSSPECIAL LAND USE PROVISIONSSTRUCTURE HEIGHT AND PLACEMENT AND LOT SIZEPERFORMANCE STANDARDS FOR PRIVATE FACILITIESPERFORMANCE STANDARDS FOR PUBLIC FACILITIESVEGETATION MANAGEMENT /ƚƓƷĻƓƷƭ 1.0 2.03.04.0 5.0 6.07.08.09.010.011.012.0 28 Jufn!3/ /2021 23 02 / 6 2 in their 0 MRCCA the einforces the responsibility of local nsures that LGU authority to administer and 2.4. If these provisions are already included in ER Commentary 1.1. enforce the ordinance is connected to state regulatory policy. 1.2. governments to regulate jurisdiction. 2.2 the zoning ordinance, they are not needed. ) is (sections, Minnesota , 116G judged insert reference is ) to repeal, abrogate, or (section, chapter or article) (section, chapter or article here standards of this overlay prevail. All other (section, chapter or article) ) shall 1 is responsible for the administration hable as defined by law. Violations of this ) are hereby repealed to the extent of the ection, chapter or article) Minnesota Statutes, Chapter (section, chapter or article (s apply to land within the river corridor boundary as ) ). Any violation of its provisions or failure to comply with any of (section, chapter or article (section, chapter or article r or article It is not intended by this values, and natural systems and provide for the wise use of these areas. , and the planning and zoning enabling legislation in Minnesota Statutes, (section, chapter or article can occur regardless of whether or not a permit is required for a regulated activity URPOSE This Mississippi River Corridor Critical Area (MRCCA) 6106.0180(section, chapte - . Uses and standards of underlying zoning districts apply except w inconsistent with this AND P (insert name of local government or designated official) tate Register, volume 43, pages 508 to 519 and shown on the zoning map ( 473 The and The provisions of this INTENT 6106.0010 . If any section, clause, provision, or portion of this TY, 462 . The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the Statutory Authorization.adopted pursuant to the authorization and policies contained in Rules, Parts Chapter Policy subdivision, use and development of designated critical areas and thus preserve and enhance the quality of important historic, cultural, aesthetic Jurisdiction.described in the S citation).Enforcement.and enforcement of this its requirements including violations of conditions and safeguards established in connection with grants of variances or conditional uses constitutes a misdemeanor and is punis(section, chapter or article)listed in Section 3.2.Severability unconstitutional or invalid by a court of competent jurisdiction, the remainder of this shall not be affected thereby.Abrogation and Greater Restrictions.impair any existing easements, covenants, or deed restrictions. However, where this imposes greater restrictions, the provisions of this chapters or articles)inconsistency only. Underlying Zoning.district are more restrictive. AUTHORIGENERAL PROVISIONS AND DEFINITIONS 1.11.22.12.22.32.42.5 Ordinance Language1.0 2.0 29 Jufn!3/ /2021 the 23 helps to 02 bluff / 6 2 understandable 0 This tool download from concise, direct and available forp , is is more Optional. T bluffs for general mapping and planning if a given feature or land use is not present or Bluffs are anywhere in the MRCCA, not just Optional. This alternative . . extension . These definitions are the minimum necessary for 6 Commentary 2.a compliant ordinance. Some definitions may not be needed not allowed in the community. 2.616abutting the water. GIS Minnesota Geospatial Commons.identifypurposes. 2.616definition may be more clear than the definition as worded in rules. The alternative definition does not change the specification of what a bluff is, only how it is worded.The wording of 2.616.A. definition is more concise, direct and understandable than the definition in rules. Early application of the rule definition was confusing. This alternative toe shall be pment . 40A.02 (section, chapter or (section, chapter or article) 2 (section, chapter or article), the grade of the slope averages 18 percent or greater, and OR where having: The functions of vegetation in stabilizing soils and slopes, retaining and t, and recharging groundwater. or cliff with a slope that rises at least ten feet above the ordinary high water gins above the ordinary high water level, from the toe of the slope to the top horizontal distance of 25 feet, from the toe of the slope to the top of the slope. ny Subdivision design methods such as conservation design, transfer of develo and Bluff Impact Zone . A use having the meaning given under Minnesota Statutes, section and not permissive. All distances, unless otherwise specified, are measured horizontally. An area designated to provide ingress and egress to public waters. Having a boundary that physically touches or adjoins. Where the slope beof the slope; orWhere the slope begins below the ordinary high water level, from the ordinary high water level to the top of the slope. See Figure 1; or !! A natural topographic feature having: Unless specifically defined below, words or phrases used in this 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, as follows:(1)(2)A natural escarpment orlevel or toe of the slope, whichever is applicable, to the top of the slope, with a slope of 75 degrees or greater. See Figure 2.A slope that rises at least 25 feet measured over aWhere the slope begins below the ordinary high water level, the ordinary high water level is theof the slope. See Figure 1; Figure 1. Bluff !! ! density, or similar zoning and site design techniques that protect open space and natural areas. filtering runoff, providing habita A.B.A. Access path.Adjacent.Agricultural useAlternative design.Biological and ecological functions.Bluff.Bluff. A natural topographic feature ) its most reasonable application. For the purpose of this 6 56 61 6161 2.611 2.612 2.613 2.614 2.2.2. Definitions.interpreted to give them the same meaning they have in common usage and to give this article 2.6 Ordinance Language 2: Jufn!3/ /2021 23 02 / 6 2 0 e bluff definition and the BIZ . The graphic used to illustrate both rule Commentary language is recommended along with separate graphics illustrating thdefinition. The alternative definition does not change the specification of what a bluff is, only how it is the bluff and BIZ included in prior model ordinances is unchanged. 3 A natural escarpment or cliff with a slope that rises at least ten feet above the ordinary high water level or toe of the slope, whichever is applicable, to the top of the slope, with a slope of 75 degrees or greater. See Figure 2. ! B. Ordinance Language 31 Jufn!3/ /2021 23 02 / 6 2 0 Commentary for natural 2 1 and s . 4 rpment or cliff example and Figure 3 for more for natural escarpment or cliff example and Figure 3 for more more common bluff example 2 for natural esca 2 1 and 1 and Bluff Impact Zone A bluff and land located within 20 feet of the bluff. See Figure . carpment Bluff and Bluff Impact Zone . . (BIZ) A line along the bottom of a bluff, requiring field verification, such that the slope above the Toe, Top and . . A line delineating the top of the bluff. More than one bluffline may be encountered proceeding . Figure 2. Natural Es Figure 3 line escarpment or cliff example and Figure 3 for landward from the river. See Figures common bluff exampleline exceeds 18 percent and the slope below the line is 18 percent or less, measured over a horizontal distance of 25 feet. See Figures common bluff example. Bluff impact zoneBluffBluff, Toe of 617 618 619 2.2.2. Ordinance Language 32 Jufn!3/ /2021 23 02 / 6 2 0 Commentary by . section , wetlands, cludes areas 462 and 394 properties . . 116G.03 116G.03 ervices include poles, wires, by lots that are spread regularly . 5 ss, measured over a horizontal distance 6115 utes, section nally related to a principal use or site. he time of the inspection. chapter al subdivision plats, planned unit developments, way, bluff impact zones, historic - related to land use that requires a public hearing of under Minnesota Statutes, chapters - riances, appeals, and rezonings. Minnesota Stat Minnesota Statutes, section , rights Minnesota Rules, this chapter for setback for natural escarpment or cliff example and Figure 3 for more common bluff 2 A pattern of subdivision that is characterized A document written after a compliance inspection, certifying that the , such as preliminary plats, fin quipment and associated facilities for generating electric power or devices for . E . 1 and n action under having the meaning given A pattern of subdivision that is characterized by grouping lots within a portion of a A . . nderground or overhead gas, electrical, communications, steam, or water distribution, U . ure with two or more outside rigid walls and a fully secured roof and affixed to a he area upon which structures may be placed on a lot or parcel of land and ex A use T The commissioner of the Minnesota Department of Natural Resources. Having the meaning given under . . A line along the top of a bluff, requiring field verification, such that the slope below the line the meaning given under Having the meaning given under struct A . . Having A horizontal, unenclosed, aboveground level structure open to the sky, with or without attached . . nservation designnventional subdivision evelopmentock uildable area ertificate of compliance. lectric power facilities exceeds 18 percent and the slope above the line is 18 percent or leof 25 feet. See Figures exampleneeded to meet requirementsdesignated floodways, land below the ordinary high water level of public waters, and other unbuildable areas.permanent site.development complies with applicable requirements at tparcel, where the remaining portion of the parcel is permanently protected as open space. throughout a parcel in a lot and block design.railings, seats, trellises, or other features, attached or functiolocal ordinance or statuteconditional use permits, interim use permits, vaconverting wind energy to electrical energy as identified and defined under Minnesota Statutes, 216Ecollection, supply, or disposal systems, including storm water. Essential s Bluff, Top of.BBuildingCCommissioner.Conditional use.CoCoDeck.Developer.DDiscretionary actionDEEssential services 620 621 622623 624 625 626 627 628 629 630 631 632 633 634 2.2.2.2.2.2.2.2.2.2.2.2.2.2.2. Ordinance Language 33 Jufn!3/ /2021 23 02 / 6 2 0 . . Optional definition to clarify Commentary 2.648term used throughout document purpose section - . , in . . or locally 307 ociety; or 462 6120 7020 and Places chapter 394 chapter chapter chapters ; 6 . 471 . os, parking lots, storage areas, and Minnesota Rules . 6120 Minnesota Rules chapter . chapter ules the director of the Minnesota Historical S standing structure, site, district, or other property that is: for animal feedlots under under Minnesota Statutes, or transmission services. The removal of all or a majority of the trees or shrubs in a contiguous patch, ructed hard surface that either prevents or retards the entry of water into the that exposes the soil or changes the topography, drainage, or cross section of surfaced in asphalt, crushed aggregate, or other hard surface, for multi Places as determined by not include buildings, treatment works as defined in Minnesota Statutes, const archaeological site, trail es A n Counties, cities, and townships. the meaning given the meaning given under The reconstruction of an existing impervious surface that involves site grading and A A . n activity . . . reconstructed. A power facilities the meaning given . A use having the meaning given under Minnesota Statutes, rvices do surface. Having . . Having electric . , surface trail as determined by local, regional, or state agency plans - Listed in the National Register of Historic Places or the State Register of Historic designated as a historic sitedetermined to meet the criteria for eligibility to the National Register of Historic Places or the State Register of Historic An unplatted cemetery that falls under the provisions of Minnesota Statutes, consultation with the Office of the State Archaeologist. Having the meaning given under Minnesota R .01 . ! ! ! ardistoric property and alterationocal governmentot nterim use mains, drains, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, navigational structures, aviation safety facilities or other similar equipment and accessories in conjunction with the systems. Essential se115subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing activities are not considered fully use, 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, patidriveways, including those with concrete, asphalt, or gravel surfacesstrip, row, or block. the land, excluding gardening or similar minor soil disturbances A.B.C. FeedlotFloodplainFully reconstructsHHImpervious Intensive vegetation clearing.ILLL 635 636 637 638 639 640641 642 643 644 645 2.2.2.2.2.2.2.2.2.2.2. Ordinance Language 34 Jufn!3/ /2021 23 02 / 6 2 0 term used throughout document. . Optional definition to clarify Commentary 2.649 biological (insert name of . . 394.22 Corridor Boundary (See 6115.0170 . 7 part See Figure 3.6115 vel. Rules chapter the Minnesota Biological Survey or by Rules innesota Statutes, section Minnesota identified Minnesota n of ground cover, understory, and tree canopy that, while it may have composed of native soil and rock or compacted granular stone, primarily plant community A . trail A . Any combinatio Having the meaning given under Having the meaning given under M trail . shortest distance between lot lines measured at both the ordinary high water level and at ). comprehensive plan. 78 The 6 Having the meaning given under surface - . arinaooring facility the required structure setback from the ordinary high water le Figure 3. Lot Width Section 2.jurisdiction) survey issued or adopted by a local, state, or federal agency.intended for hiking, equestrian, or mountain bike use, as determined by local, regional, or state agency plans. been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge groundwater. Lot width.MMississippi River Corridor Critical Area (MRCCA). The area within the River Mississippi River Corridor Critical Area (MRCCA) Plan. A chapter or other element in the MNative plant communityNaturalNatural vegetation.Nonconformity. 4849 66 646 647 650 651 652 653 654 2.2.2.2.2.2.2.2.2. Ordinance Language 35 Jufn!3/ /2021 23 02 / 6 2 0 Commentary . 103G.005 lize this business, or . . 515B properties, and significant includes all mine pits, quarries, opment over a number of years. and 8 116G.03 505 utaries, natural drainage routes, cultural and historic . 458 disposal, or reclamation of nonmetallic minerals such a stone, sand, ey resources and features, including shore impact zones, bluff impact method of land development that merges zoning and subdivision K Having the meaning given under Minnesota Statutes, section A . . chapter . , Those signs that direct attention to a product, service, . (PCAs) native plant communities, (PUD) (OHWL) An engineer licensed to practice in Minnesota. Construction, reconstruction, repair, relocation, expansion, or removal of any facility zoning district applied over one or more previously established zoning districts, Private roads, driveways, and parking areas, private water access and viewing facilities, A roofed structure open on all sides, accessory to a recreational use. . . A . advertising signs g zoning district. Overlay districts are often used to protect historic features and natural cilities constructed hard surface located at ground level with no railings and open to the sky. water transportation complex established and operated under the jurisdiction of a port authority Having the meaning given under Minnesota Statutes, section A . A . Having the meaning given under Minnesota Statutes, sections premise. - for the extraction, stockpiling, storage, and gravel. Nonmetallic mining does not include ancillary facilities such as access roads, bridges, culverts, stockpiles, basins, processing structures and equipment, and any structures that drain or divert public waters to allow mining. entertainment venue that is not exclusively related to the premises where the sign is located. establishing additional or stricter standards and criteria for covered properties in addition to those of the underlyinresources such as shoreland or floodplain. controls, allowing developers to plan and develop a large area as a single entity, characterized by a unified site design, a mix of structure types and land uses, and phasing of develPlanned unit development includes any conversion of existing structures and land uses that utimethod of development. according to Minnesota Statuteszones, floodplains, wetlands, gorges, areas of confluence with tribunstable soils and bedrock, existing vegetative stands, tree canopies, and other resources identified in local government plans. decks and patios in setback areas, and private signs. Nonmetallic mining.OffOrdinary high water levelOverlay districtParcelPatioPicnic shelterPlanned unit developmentPlatPort. Primary conservation areasPrivate faProfessional engineer. 655 656 657 658 659 660 661 662 663 664 665 666 667 2.2.2.2.2.2.2.2.2.2.2.2.2. Ordinance Language 36 Jufn!3/ /2021 stones, 23 and 02 / 6 2 0 The MRCCA rule 0215 Subp. 4E riprap s not consistent with 6115. define and has been replaced with parts definition has been modified to be a is This material is existing public waters rules. - . Th .. . 7 67 Commentary 2.consistent with public waters rules. definition for riprapboulders, cobbles, and broken rock, concrete, and bricksMinnesota Rules, 6115.0216 Subp. 2the pre s, and ota Statutes, ic properties, and . that are not in a 103G.005 . purposes, where access to and implementation, and monitoring. 9 ordinary high water level of the oriented public facilities used for - . d transmission services. observation platforms, trails, docks, fishing water or ice erosion individual trees or shrubs or ate Register, volume 43, pages 508 to 518. t Minnesota Statutes, section isolated scenic overlooks, , as approved and adopted by the legislature in Minnes Views toward the river from public parkland, histor . parks, placed or constructed to armor shorelines, streambeds, bridge abutments, he removal of All transportation facilities provided by federal, state, or local government T 116G.06 ecreational facilities provided by the state or a local government R (PRCVs) The boundary approved and adopted by the Metropolitan Council under The use of land for commercial, industrial, or utility facilities. A federal, state, regional, or local agency that engages in environmental, natural, or vertical or nearly vertical structures constructed of mortar and rubble masonry, rock, or , and as legally described in the S Public utilities, public transportation facilities, and public recreational facilities. Land and development that are easily seen from the A Electric power facilities, essential services, an Having the meaning given under . Natural coarse rock . 116G.15 iprap. . dependent use. r - dedicated to public use, including piers, picnic shelters, water access ramps, and other similar waterrecreationpublic 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. and dedicated to public use, such as roadways, transit facilities, railroads, and bikeways. opposite shore during summer months.cultural resource protection or restoration activities, including planning, stone regardless of size, vertical timber pilings, horizontal timber planks with piling supports, sheet pilingpoured concrete, concrete blocks, or other durable materialspilings and other shoreline structures against scour, Minnesota Statutes, section section use of a public water feature is an integral part of the normal conduct of business and where the use is dependent on shoreline facilities.contiguo us patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover Public facilitiesPublic recreation facilities. Public river corridor viewsPublic transportation Public utilities. Public waters.Readily visible. Resource agency. Retaining wall. Rock River corridor boundary. RiverSelective vegetation removal. 668 669 670 671 672 673 674 675 676 677678 679 680 2.2.2.2.2.2.2.2.2.2.2.2.2. Ordinance Language 37 Jufn!3/ /2021 23 02 / 6 2 0 Commentary . 50 feet 7080.1100 lines, such as facilities, such as 18 percent that are not , for agricultural use, 462.352. 10 term watercraft mooring facilities for - ary high water level of public waters and a line . , and any slopes greater than . aft lifts, marinas, short . See Figure 4. Having the meaning given under Minnesota Rules, part . Facilities for the collection, conveyance, treatment, or disposal of and located between the ordin L . . acilities that require a location adjoining public waters for ingress and egress, loading F (SIZ) natural topographic feature with an average slope of 12 to 18 percent, measured over a A . Having the meaning given under Minnesota Statutes, section separation distance measured horizontally A building, sign, or appurtenance thereto, except for aerial or underground utility A oreline facilities. bsurface sewage treatment system orm water management facilities. parallel to it at a setback of 50 percent of the required structure setback orlandward of the ordinary high water level Figure 4. Shore Impact Zone and unloading, and public water intake and outflow, such as barge facilities, port facilities, commodity loading and unloading equipment, watercrpatrons, and water access ramps. Structures that would be enhanced by a shoreline location, but do not require a location adjoining public waters as part of their function, are not shoreline restaurants, bait shops, and boat dealershipshorizontal distance equal to or greater than 50 feetbluffs.storm water.sewer, electric, telephone, or gas lines, and utility line towers, poles, and other supporting appurtenances. Setback. Shore impact zoneShSteep slope. StStructure.SubdivisionSuTransmission services 681 682 683 684 685 686 687 688689 2.2.2.2.2.2.2.2.2. Ordinance Language 38 they the Jufn!3/ ions. /2021 the ies lan for 23 why size, P , 02 / clarif de clarity on .6 s 2 0 project provi review in addition to the MRCCA the for variances and or identified MS 462.357 Subd 6. indings view hearing comments will be required under this section help strengthen protections variance in criteria in These f Public . . assessments rule) and onditional uses them. Impacts will vary depending on the . Optional c that must be evaluated D , and nonmetallic mining. - a . Optional. The modified language .A Cities and Townships delegating vegetation and The important and what changes would enhance or PCAs and PRCVs Commentary 2.694intent of this riparian area definition to include areas riparian to the river AND public waters, wetlands and natural drainage ways should a property contain more than one of these features. 3.2. land alteration permitting to another entity may wish to make that arrangement clear here or elsewhere in this administrative section. 3.3. PRCV impact conditional uses should rehow PRCVs are visually shownare degrade height, & locationan important source of information in determining impacts and mitigation.3.31. Optional. Including a reference to optional Section 3.5 provides the zoning authority with a list of mitigation ideas to consider for specific applicat3.32. Determining consistency with the purpose of this MRCCA section, chapter, or article, is variance criteripractical difficulties 3.32what it means to find that a variance is consistent with the purpose of this section, chapter, or article(as required by for 3.4. include: allowing heights to exceed those specified in the UM and RTC districts, wireless communication towers iver, of the r shall: L ariances on HW O (section, chapter, or . cluding construction of . ithout a vehicle and trailer. . may only be granted in 394.22 103G.005 11 6115.0170 of a public water, wetland, or natural drainage boundary and must consider the potential impacts of v (section, chapter, or article) Minnesota Statutes, section down site, boarding dock, and approach road, or other access that - 462.357 A small building or other improvement, except stairways, fences, ; or 4 (zoning authority, governing body, or other appropriate term) Section Land within the shore impact zone or within 50 feet of the . . continuous line formed by the tops of trees in a wooded area when viewed from Subd. meaning given under Minnesota Statutes, section A boat ramp, carry . meaning given under Minnesota Rules, part 16E.01, 2 Having the meaning given under Having the The more or less Minnesota Statutes, used to transport power between two points, as identified and defined under Minnesota Statutes, section For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas, liquids, or solids in suspension between two points; and . Having the !! oriented accessory structure. to public waters than the normal structure setback. Examples include gazebos, screen houses, fish - . , whichever is greater Electric power lines, cables, pipelines, or conduits that are:(1)(2)Telecommunication lines, cables, pipelines, or conduits. with Variances to the requirements under this The purpose of this Section is to identify administrative provisions to ensure this ! ! A permit is required for the construction of buildings or building additions (in a particular point. The treeline is determined during all seasons as if under full foliage.allows launching and removal of a boat, canoe, or other watercraft with or wdocks, and retaining walls, that, because of the relationship of its use to public waters, needs to be located closer houses, pump houses, and detached decks and patios. whichever is greater, AND land within 50 feet route A.B. is administered consistent with its purpose. TreelineVariance.Water access rampWaterWater quality impact zoneWetland.Wharf 690 691 692 693 694 695 696 2.2.2.2.2.2.2. Purpose.article)Permits.decks and signs), the installation and/or alteration of sewage treatment systems, vegetation removal consistent with Section 9.0 and land alterations consistent with Section 10.0. Variances.accordance primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. In reviewing the variance application, the ADMINISTRATION 3 3.13.23. Ordinance Language3.0 39 Jufn!3/ /2021 23 02 / y with a list of 6 2 0 iding clarity on ideas can help the mitigation D. Optional. Rules do not require findings for - Commentary 3.41. Optional. Including a reference to optional Section 3.5 provides the zoning authoritmitigation ideas to consider for specific applications. 3.42.Aconditional uses. These findings help strengthen protection for PCAs and PRCVs in reviewing conditional use applications by provwhat it means to find that the conditional use is consistent with the purpose of this section, chapter, or article. 3.5. Optional. This list of zoning authority make decisions on appropriate mitigation that will reduce impacts from approved variances and conditional uses. , ) ). ). nd a and ; 5 (section, chapter, or shall evaluate the shall: (section, chapter or identified resources section, chapter, or article - priate term) identified resources of this ( - 12 consistent with Section 3.5consistent with Section 3. , , and must consider the potential impacts on insert other MRCCA plan n considered in the context of past, present and 462.3595 insert other MRCCA plan f negative impacts are found, require conditions to mitigate the I governing body, or other appropriate term) . and if negative impacts are found, require conditions to mitigate the tively impact ( All conditional and interim uses, required under this . (zoning authority, (zoning authority, governing body, or other appro permits s to these resources se . conditional use is consistent with the character and management purpose of the MRCCA district ich it is located; ), as follows. The extent, location and intensity of the variance will be in substantial compliance with the MRCCA and interim u Plan;The variance is consistent with the character and management purpose of the MRCCA district in whThe 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; andThe variance will not negaThe extent, location and intensity of the conditional use will be in substantial compliance with the MRCCA Plan;The in which it is located;The conditional use will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs whereasonable future actions; andThe conditional use will not negatively impact ( must comply with Minnesota Statutes, section Evaluate the impactimpacts that are related to and proportional to the impactsMake written findings that the variance is consistent with the purpose as follows impacts that are related to and proportional to the impacts Make written findings that the conditional use is consistent with the purpose of this article A.B.C.D.A.B.C.D. 3.313.323.41 Evaluate the impacts to these resources 3.42 Conditional article),primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. In reviewing the application, the Conditions of Approval. The impacts to PCAs, PRCVs, and other resources identified in the MRCCA Plan, and if negative impacts are found, 3.4 3.5 Ordinance Language 3: Jufn!3/ this /2021 23 02 / 6 2 0 to not include . LGUs may choose as a higher standard Optional. 4 7 Commentary 3.provision (section, chapter or determines that the ) 13 patterns; insert designated official discretionary actions required under this restoration and/or preservation; for permits and s route tbacks; ription; and osed impervious surfaces; and Application Primary conservation areas;Public river corridor views;Buildable area;Existing and proposed topography and drainage Proposed storm water and erosion and sediment control practices;Existing and proposed vegetation to be removed and established;Ordinary high water level, blufflines, and all required setbacks;Existing and proposed structures;Existing and prop ! !! ! ! ! ! ! ! Limiting the height of structuresModifying structure design to limit visual impacts on PRCVs; and Preservation of existing vegetation;Stormwater runoff management;Reducing impervious surface; Increasing structure seWetland and drainageOther conservation measures.A detailed project descScaled maps and plans, dimensional renderings, maintenance agreements, and other materials that identify and describe: A.B.C.D.E.F.G.H.I. must submit the following information unless the ( ude: 575859 3.513.523.533.543.553.563.3.3.3.613.62 require conditions to mitigate the impacts that are related to and proportional to the impacts. Mitigation may inclApplication materials.article) information is not needed. .6 3 Ordinance Language 41 Jufn!3/ /2021 23 02 / 6 2 from 10 days to 0 s to ensure that boundaries must be Area Hydrologist. will increase the chance of getting This provision has been revised from rules to 12. Optional. Increasing the lead time for the DNR, 4 Changes to district . 8889 Commentary 3.to the appropriate DNR 3.NPS and adjoining local governments 30 days substantive feedback available for consideration at the public hearing. 3.supported by approved changes in the MRCCA Plan. 3.85. Optional. Local governments will get better feedback and fewer surprises by engaging the DNR earlier in the review process for large projects with potential impacts to PCAs and PRCV 3.allow use of an administrative permit instead of an IUP for accommodating disabilities consistent with I. and ; 14 and to the MRCCA plan must be submitted to the ments. . Subd. 1e , 462.357 (section, chapter, or article) Existing and proposed subsurface sewage treatment systems. The expansion does not extend into the shore or bluff impact zone or further into the required setbackthan the building line of the existing principal structure (See Figure 5)surrounding development. Figure 5. Expansion of Nonconforming Structure ! ! ! All legally established nonconformities as of the date of this ordinance may continue Minnesota Statutes, section New structures erected in conformance with the setback averaging provisions of Section 6.34 are conforming structures.Site alterations and expansion of site alterations that were legally made prior to the effective date of this ordinance are conforming. Site alterations include vegetation, erosion control, storm water control measures, and other nonstructural site improveLegally nonconforming principal structures that do not meet the setback requirements of Section 6.3 may be expanded laterally provided that:Amendments to this Commissioner as provided in Minnesota Rules, part 6106.0070, Subp. 3, Items B J.A.B. 3.713.723.733.743.81 Nonconformities.Notifications. 8 3.73. Ordinance Language 42 Jufn!3/ /2021 . 23 02 / 6 2 0 Include only those districts in the city or town. Commentary federal ADA and Fair Housing Act can be made 4.2 with persons Act and the with an administrative is divided into the following ithin the MRCCA within ten consistent with the natural and PUDs, must be sent to the including those with overlapping are allowed 15 , must: plans, PUDs, preliminary, and final (City or Town) or other facilities to provide master plans, other facilities amps r er facilities must be removed. , including findings of fact, must be sent to the 82 days prior to the hearing: ) (10 y actions, including conditional and interim use permits, variances, . The MRCCA within the ten Minnesota Rules, chapter 1341 (30) thirty Reasonable accommodations for . Commissioner in a format prescribed by the DNR; here building heights exceed the height limits specified in Section 6.2 as part of the conditional use . TheNational Park Service; andWor variance process, adjoining local governments within the MRCCA, jurisdiction and those across the river.The permit terminates on either a specific date or upon occurrence of a particular event related to the person requiring accommodation; andUpon expiration of the permit, the ramp or oth !! !! ! . The purpose of this Section is to establish districts under which building height and structure placement appeals, rezonings, preliminary plats, final subdivision plats, following entities at least Notice of final decisions for actions in Section 3.Commissioner, the National Park Service, and adjoining local governments w(10) days of the final decision.Requests to amend district boundaries must follow the provisions in Minnesota Rules, part 6106.0100, Subp. 9, Item C.plats permit provided: A.B.C.A.B. 3.82 Notice of public hearings for discretionar3.833.84 3.85 The DNR will be notified at time of application submittal of master 3.91 Comply with Sections 6.0 to 12.0; or3.92 If Sections 6.0 to 12.0 cannot be complied with, ramps or Accommodating disabilities federal Fair Housing Act and as provided by Purpose and built character of each district.District description and management purpose MRCCA Districts: MRCCA DISTRICTS 9 3.4.14.2 Ordinance Language4.0 43 Jufn!3/ /2021 23 02 / 6 2 0 Commentary in limited areas at river . Many primary conservation 16 density development patterns and land e district includes parks and open space, - ated neighborhood development, and to tional campuses that predate designation of . estoring natural vegetation in riparian areas and tree canopy are . strict is characterized by rural and low The ROS District must be managed to sustain and restore the rural and natural The RN District must be managed to maintain the character of the river The RTC district must be managed in a manner that allows continued growth shoreline vegetation are priorities in the district. . . includes land separated from the river by distance, topography, development, or a The ROS DiThe RN District is characterized by primarily residential neighborhoods that are riparian or The RTC District is characterized by historic downtown areas and limited nodes of intense The SR District is characterized by its physical and visual distance from the Mississippi idor views, and scenic, natural, and historic areas Description. 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 islandsareas exist in the district.Management purpose. character of the corridor and to protect and enhance habitat, parks and open space, public river corrDescription. readily visible from the river or that abut riparian parkland. Thlimited commercial development, marinas, and related land uses.Management purpose. corridor within the context of existing residential and relprotect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. Minimizing erosion and the flow of untreated storm water into the river and enhancing habitat andDescription. development at specific river crossings, as well as instituthe MRCCA, and that include taller buildings.Management purpose. and redevelopment in historic downtowns and more intensive redevelopmentcrossings to accommodate compact walkable development patterns and connections to the river. Minimizing erosion and the flow of untreated storm water into the river, providing public access to and public views of the river, and rpriorities in the district.Description. River. The district transportation corridor. The land in this district is not readily visible from the Mississippi River. !!!! !!! A.B.A.B.A.B.A. River Neighborhood (RN)River Towns and Crossings (RTC)Separated from River (SR) 4.21 Rural and Open Space (ROS).4.22 4.23 4.24 Ordinance Language 44 Jufn!3/ from /2021 23 or DNR 02 / 6 setback 2 from this 0 town website ce recreational use of the n . to find the district for their property. a link to the city/ containing the map to make it easier for but it should be clear in the ordinance that , structure setback. Screening of mining Commentary 4.3 Include website property owners 5.0. The uses and their special conditions in this section must be in the ordinance if the use is allowed. If not, the provision may be excludedsectionsuch uses are prohibited 5.24. Optional. Consider prohibiting mining within the OHWL operation is possible if the operation is the water. This will enhaRiver. , chapter, or nections to the (section development without negatively 17 oring and enhancing bluff and shoreline which is incorporated herein by reference. The ing erosion and flow of untreated storm water into the river. intensity urban uses, while minimizing negative impacts to - . The SR district provides flexibility in managing The UM District must be managed in a manner that allows for future growth The UC District must be managed with the greatest flexibility to protect he district. The RTC district must be managed in a manner that allows continued istrict includes downtown. . The UM District includes large areas of highly urbanized mixed use that are a part of the The UC D . are intended to follow the centerlines of rivers and streams, highways, streets, lot lines, and (insert name of MRCCA Overlay District map) . The locations and boundaries of the MRCCA districts established by this Management purpose. affecting the key resources and features of the river corridor. Minimizing negative impacts to primary conservation areas and minimizing erosion and flow of untreated storm water into the Mississippi River are priorities in tgrowth and redevelopment in historic downtowns and more intensive redevelopment in limited areas at river crossings to accommodate compact walkable development patterns and conriver. Minimizing erosion and the flow of untreated storm water into the river, providing public access to and public views of the river, and restoring natural vegetation in riparian areas and tree canopy are priorities in the district.Description. urban fabric of the river corridor, including institutional, commercial, industrial, and residential areas and parks and open spaceManagement purpose. and potential transition of intensely developed areas that does not negatively affect public river corridor views and that protects bluffs and floodplains. Resthabitat, minimizing erosion and flow of untreated storm water into the river, and providing public access to and public views of the river are priorities in the district.Description. Management purpose. commercial, industrial, and other highprimary conservation areas and minimizProviding public access to and public views of the river are priorities in the district. boundaries, unless a boundary line is otherwise indicated on the map. Where district boundaries cross !! !!! B.A.B.A.B. are shown on Urban Mixed (UM)Urban Core (UC) . 5 4.24.26 MRCCA district map article)district boundary lines municipalunsubdivided property, the district boundary line is determined by use of dimensions or the scale appearing on the map SPECIAL LAND USE PROVISIONS 4.3 Ordinance Language5.0 45 Jufn!3/ /2021 23 02 / 6 2 0 Commentary to improve consistency throughout this provision. permitted for the site; . 7020 18 underlying zoning, with additional ; nds, and associated reforestation, must be and OHWL : Conserving Wooded Areas in Developing Communities: Best Minnesota Rules, chapter nure storage areas are prohibited. Existing animal feedlots and of operations at the site. The site management plan must: ; eas are limited to only the barge loading area; onmetallic mining requires a conditional use permit or interim use permit issued by N erennial ground cover is required within 50 feet of the ordinary high water level and P ; red structure setback from the bluffline Uses within the MRCCA are generally determined by ree harvesting and biomass harvesting within woodla . New animal feedlots and ma T Describe how the site will be developed over time with an emphasis on minimizing environmental risk to public waters; Explain where staged reclamation may occur at certain points during the life ofAddress dust, noise, storm water management, possible pollutant discharges, days and hours of operation, and duration of operations; and tallic mining. !!! ew nonmetallic mining is prohibited within the shore impact zone and bluff impact zone and within Nthe requiProcessing machinery must be located consistent with setback standards for structures as provided in Section 6.3Only one barge loading area, which must be limited to the minimum size practicable, is each mining operationNew and, where practicable, existing nonmetallic mining operations must not be readily visible and must be screened by establishing and maintaining natural vegetation. The unscreened boundaries of nonmetallic mining arA site management plan must be developed by the operator and approved by the local government before new nonmetallic mining commences. Operations must be consistent with the site plan throughout the duration (1)(2)(3) ! ! ! ! ! To identify development standards and considerations for land uses that have potential to negatively . Agricultural use.within the bluff impact zone.Feedlots.manure storage areas must conform with Forestry.consistent with recommended practices in Management Practices in Minnesota.Nonme the local government, subject to the following A.B.C.D.E. 5.215.225.235.24 Purpose impact primary conservation areas and public river corridor views.Underlying zoning provisions for the following land uses: 5.1 5.2 Ordinance Language 46 Jufn!3/ /2021 allowed 23 2, etc.). with - h 02 / 6 uire mitigation, 2 heights 0 1, RTC throug - Districts river, a maximum ed p in the RTC and UM the maximum implement a maximum , and UC from ts (e.g. RTC and UM , eplace the vague tiering and priority further Reduce thethrough a CUP R . . will reduce the heights requested by ould be zoned/map in the RTC w in any district This . nal zoning distric each district Commentary 6.21. Optionalby right height allowed Districtdevelopers and provide better protection of scenic resources. These changes will also provide more opportunities to add conditions or reqespecially in redevelopment areas. 6.21 Optionallanguage specific height standards based on distance from the river that additioForheight allowed by CUP would be increased. location, a - interim use and must: 19 6115 require a conditional or ; and towers : comply with the following design standards: must be designed so that they are not readily visible, Minnesota Rules, chapter comply with the following standards unless identified as exempt in a bluff or shore impact zone Wireless communication . f dredged material are subject to existing federal and state permit dependent uses must - must minimize impacts on public river corridor views. towers River section, chapter, or article), tower ( stent with the stated end use for the land; and; must not be located in at a lower height, or a tower at a location outside of the MRCCA; Structures and facilities must dependent uses as provided in Section 12.0, must meet the dimensional and performance - Describe any anticipated vegetation and topographic alterations outside the pit, and reclamation plans consiBe designed in a compact fashion so as to minimize the shoreline area affected; andMinimize the surface area of land occupied in relation to the number of watercraft or barges to be served; and . tower and are subject to the following design standards !!! dependent uses. - (4)Existing and new nonmetallic mining operations must submit land reclamation plans to the local government compatible with the purposes of this ordinance.Structures and parking areas, except shoreline facilities and private roads and conveyances serving riverstandards in thisand must be screened by establishing and maintaining natural vegetation;Shoreline facilities must comply with (1)(2)Dredging and placement orequirements and agreements.The applicant must demonstrate that functional coverage cannot be provided through cotowerThe Placement of the Comply with the general design standards in Section 8.2. ! !! !! !! To establish standards that protect primary conservation areas and public river corridor views from ! . RiverWireless communication permit Structures and facilities must comply with the following standards unless identified as exempt in Section 12.0. F.A.B.C.A.B.C.D. 1 2 5.255.266. Purpose development impacts and ensure that new development is sited consistent with the purpose of the MRCCA.Structure height Section 12.0. STRUCTURE HEIGHT AND PLACEMENT AND LOT SIZE 6.16.2 Ordinance Language6.0 47 of and Jufn!3/ using /2021 arger .23 02 / 6 2 0 visual impacts bluff setback to freely available tool PRCV Viewshed Analysis, This standard would link CUP ich is a during project review and approval. wh . Optional. These additional techniques 4 guidance for & . Larger setbacks also allow room for l Optional. 3 . areas and enhance the aesthetic character of LGUs may want to use visual analysis tools to DNR . Local governments may apply stricter standards Commentary 6.22 Communities may wish to cross reference their building height definition in their ordinance for compatibility with this provision. 6.23 help understand and communicatebuilding height SeeGoogle Earth, 6.23.Bapproval with conformance standards. 6.23.C. can help reduce visual impacts in certain situations. 6.3than those listed here. Increasing structure setbacks can help reduce the risk of erosion in near shore bluff the riverriparian buffers. . Structures is consistent with ; 20 her green and brown building materials; ction 3.4, criteria for considering whether to are allowed as a conditional use according to provided tiering of structures away from the ) d as a conditional use according to Section 6.23. rference with public river corridor views ; are allowe ) perpendicular to the river fill in a max. height provided tiering of structures away from the Mississippi River and , and up to ( fill in a max. height provided tiering of structures away from the Mississippi River and from blufflines (or lower). (or lower) communities; (or lower) and up to ( feet Placing the long axis of the building Stepping back of portions of the facade Lowering the roof pitch or use of a flat roof; Using building materials or mitigation techniques that will blend in with the natural surroundings such as green roofs, green walls, or ot !!!! given priority, with lower structure heights closer to the river and blufflines, and that structure ROS District: 35 feet RN District: 35 feet.RTC District: 48 feet from blufflines is given priority, with lower structure heights closer to the river and blufflines, and that structure design and placement minimizes inteover 48 Section 6.23.SR District: Height is determined by underlying zoning, provided the allowed height that of the mature treeline, where present, and existing surrounding development, as viewed from the OWHL of the opposite shore.UM District: 65 feet, is design and placement minimize interference with public river corridor views. Structures over 65 feet(or lower)UC District: Height is determined by underlying zoning, Mississippi River and blufflines be given priority, with lower structure heights closer to the river andblufflines, and structure design and placement minimize interference with public river corridor views.Assessment of the visual impact of the proposed structure on public river corridor views, including views from other Determination that the proposed structure meets the required bluff and OHWL setbacks;Identification and application of techniques to minimize the perceived bulk of the proposed structure, such as:(1)(2)(3)(4) ! !! ! !! ! ! Height is measured on the side of the structure facing the Mississippi River. In addition to the conditional use permit requirements of Segrant a conditional use permit for structures exceeding the height limits must include: A.B.C.D.E.F.A.B.C. 6.226.23 Ordinance Language 48 Jufn!3/ /2021 23 02 / 6 2 0 Commentary 6.41. This provision only applies in the ROS district. are ntified and Vermillion unless identified as Sections 6.32 and 6.33 ified in the MRCCA Plan; and 21 or ; the average of the adjoining setbacks, if the new See Figure 6. . comply with the following OHWL setback provisions from the Mississippi River. ict: 40 feet. Narrowing the profile of upper floors of the buildingIncreasing the setbacks of the building from the Mississippi River or blufflines; !! Opportunities for creation or enhancement of public river corridor views. (5)(6)Identification of techniques for preservation of those view corridors ident ROS District: 200 feet from the Mississippi River and 150 feet from the Minnesota Rivers.RN District: 100 feet from the Mississippi River and 75 feet from the Rum and Vermillion Rivers.RTC District: 75 feet from the Mississippi, Crow, and Rum Rivers.SR District: 75 feet from the Vermillion River.UM District: 50 feet UC District: Setbacks are determined by underlying zoning. ROS District: 100 feet.RN DistrRTC District: 40 feet.SR District: 40 feet.UM District: 40 feet.UC District: 40 feet. !!! !! !! !! !!! !! tructures and impervious surface must not be placed in the shore or bluff impact zones unless ide Sas an exemption in Section 12.0. Structures and facilities mustexempt in Section 12.0.Structures and facilities must comply with the following bluffline setback provisions unless identified as exempt in Section 12.0:Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum setback may be altered to conform tostructure's scale and bulk riverward or bluffward of the setbacks required underconsistent with adjoining development D.E.A.B.C.D.E.F.A.B.C.D.E.F. 2 6.31 6.36.336.34 Structure and impervious surface placement. 6.3 Ordinance Language 49 Jufn!3/ /2021 23 02 / 6 2 0 States Organization for for $55. Commentary 7.42.B. This publication is available as a hard copy from the US Fish & Wildlife Services Conservation Library or by purchase from Boating Access (SOBA) . with the vegetation management 22 stent with best management practices the setback requirements of Sections 6.32 act zone, unless exempt under Section 12.0 and . Except as provided in Section 12.0, private roads, driveways and . All private facilities must be developed in accordance : width of lots abutting the Mississippi River in the ROS District must be at least 200 feet, unless To establish design standards for private facilities that are consi . Figure 6. Structure Setback Averaging Subsurface sewage treatment systems, including the septic tank and absorption area, must be located at least 75 feet from the ordinary high water level of the Mississippi River and all other public watersThe alternative design methods are used that provide greater protection of the riparian area.All new lots must have adequate buildable area to comply withand 6.33 so as to not require variances to use the lots for their intended purpose.designed consistent with Section 8.2. 35 41 6.6.6.427.31 Be designed to take advantage of natural vegetation and topography so that they are not readily visible; 7.32 Comply with structure setback requirements according to Section 6.3; and7.33 Not be placed within the bluff impact zone or shore imp Lot size and buildable area.Purpose and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan.General design standards and land alteration requirements in Sections 9.0 and 10.0. Private roads, driveways, and parking areas parking areas must PERFORMANCE STANDARDS FOR PRIVATE FACILITIES 6.47.17.27.3 Ordinance Language7.0 4: Jufn!3/ /2021 rohibit 23 02 / 6 2 0 within the structure setback. Eliminate this provisions and p and patios Commentary 7.5. Optional. decks insert name tandards: structures are Wider stairways may be . and residential facilities held in pe); oriented accessory - 23 ; and D, and as provided under Section 3.9. oriented accessory structure allowed for - 6280.0250 least visible portion of the lot whenever practical; and commercial properties . lowed for each riparian lot or parcel less than 300 feet in 6115.0210 on stairways, lifts, or landings; ; parts t; area allowed for (insert name of LGU permit or approval ty prohibited r stairways and lifts on residential lots must not exceed 32 square feet in area. Landings wide, if placed within the bluff impact zone. oriented accessory structure is al - Eight feet wide, if placed within the shore impact zone; andFour feetComply with Minnesota Rules, Be designed and constructed consistent with the applicable standards in Design Handbook for Recreational Boating and Fishing FacilitiesStairways and lifts must not exceed four feet in width on residential lotsused for commercial properties and residential facilities held in common, if approved by (of LGU permit or approval type)Landings folarger than 32 square feet common, if approved by Canopies or roofs are Stairways, lifts, and landings must be located in the andRamps, lifts, mobility paths, or other facilities for persons with physical disabilities are allowed for achieving access to shore areas according to Section 7.43 A. Not exceed 12 feet in heighNot exceed 120 square feet in area; andBe placed a minimum of 10 feet from the ordinary high water level. ! !!!! !!!! !! ! One waterwidth at the ordinary high water level, with one additional watereach additional 300 feet of shoreline on the same lot or parcel. Waterprohibited in the bluff impact zone and must: A.B.A.B.A.B.C.D.E.A.B.C. Private access paths must be no more than:Private water access ramps must: 45 7.41 7.42 7.43 Design and construction of private stairways, lifts, and landings are subject to the following s7. Private water access and viewing facilities. 7.4 Ordinance Language 51 Jufn!3/ /2021 limit premise 23 - 02 prohibit these / , 6 2 0 allow off n. o the SIZ. signs in on scenic views while allowing directional signs in the shore impact zone al governments choose to If LGUs want to allow such signs and are ional. Language regulating lighting in . ment. The provision is intended to and If loc . 6 Commentary 7.signsprovision must be included. If not, LGUs must exclude them. in the definitions section. 7.62. This language may conflict with supreme court decisions regarding free speech and the first amendnonessential signs in the shore impact zone to the impact signageuncomfortable with this language, they should propose alternative language. If LGUs do not want signs in the SIZ, then this language should be eliminated and replaced with language prohibiting nonessential 7.62.D. Optional. Suggested language provides better protection from light polluti 7.7. Optional. Language regulating fences in the SIZ will protect river views and may minimize neighbor conflicts over fences and views to the river.7.8. Optriparian areas will retain river corridor character and minimize neighbor conflicts. the following standards: ing the formula: = maximum total area\] . x 0.25 24 86B.115 (feet) setback area does not exceed 15 percent of the at setback grade patios may encroach into the required setbacks from the - Minnesota Statutes, section Decks and at directional signs. vailable, if located in a shore impact zone. area of the deck or patio that extends into the required setback area occupies no more than 25 Meet required structure placement and height standards in Sections 6.2 and 6.3.Not be readily visibleThey must be consistent with Only convey the location and name of the establishment and the general types of goods and services a premise advertising signs must: - \[Required setback depth (feet) x 0.15 x lot width !! !! he The encroachment of the deck or patio into the requiredrequired structure setback;Tpercent of the total area between the required setback and the 15 percent usThe deck or patio does not extend into the bluff impact zone. See Figure 7. Figure 7. Deck and Patio Encroachment OffDirectional signs for patrons arriving at a business by watercraft must comply with A.B.A.B. 131 : premise and - 7.57.527.57.67.62 Decks and patios in setback areas.ordinary high water level and blufflines without a variance, when consistent with Sections 9.0 and 10.0, provided that Off 7.57.6 Ordinance Language 52 . In Jufn!3/ /2021 23 ply these 02 / 6 2 0 216E.05 Subd. 1 There are situations where local governments Minnesota Statutes, section Commentary 8.21. Optional. Added text provides administrative clarity that views from the river are important to protect. 8.26. Optional. Provides additional protection to the hundreds of bird species and millions of birds that migrate along the Mississippi Flyway twice a year. 8.5. have jurisdiction for approving transmission projects. See those cases, the local government would apstandards in reviewing and approving the transmission application 8.52. Optional. Added text provides administrative clarity that views from the river are important to ce to Best Practices for to prevent illumination out 25 . , where applicable; 0001 - and directed downward to the extent consistent with the purpose of the facility; shielded e designed and constructed to: fully from the river : serve the public interest by providing public access to the Mississippi River . the SIZ and BIZ . All public facilities must b dlife are not spawning or nesting. Be no greater than ten feet in height and 32 square feet in surface area; andIf illuminated, the lighting must be across the river or to the sky. ting shall be fully shielded and directed away from the river ! ! To establish design standards for public facilities that are consistent with best management practices and Within the OHWL setback . . Not higher than six feet.Not located within Not located in the regulatory floodplain.LighUplighting is prohibited Minimize visibility of the facility Comply with the structure placement and height standards in Section 6.0, except as provided in Section 12.0; Be consistent with the vegetation management standards in Section 9.0 and the land alteration and storm water management standards in Section 10.0, including use of practices identified in Meeting DNR General Public Waters Work Permit GP 2004Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then disturbanprimary conservation areas must be avoided to the greatest extent practicable, and design and construction must minimize impacts; and Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and wil birds are not migrating or nesting. C.D. Minimize disturbance during bird migration and nesting times by scheduling construction at times when 1 82 2325 .. 7.717.727.737.87.8.218.2288.248 8.26 Fences. Fences between principal structures and the river are allowed if fences are:LightingPurpose that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan. Public facilitiescorridor or require locations in or adjacent to the river corridor and therefore require some degree of flexibility. General design standards PERFORMANCE STANDARDS FOR PUBLIC FACILITIES 7.77.8 8.18.2 Ordinance Language8.0 53 is a Jufn!3/ /2021 Most 23 02 / 6 2 0 . The impacts to bluffs password to download accessibility concern, there to build accessible trails would the are not accessible 5600 to get - . when local governments have approval While this is an 259 - Commentary protectauthority. 8.73. Contact the DNR Parks and Trails Division at 651free copy. 8.73.A. no requirement to make all places accessible. hiking trailswith slopes over 30% result in enormous grading changes and vegetation removal 8.74.B. This publication is available as a hard copy from the US Fish & Wildlife Services Conservation respectively; and 103G.245. and 216G 12.0; , and 84.415 216F , ly with the following standards: e MRCCA districts, the least restrictive 26 as much as practicable. 216E minimize visibility of the facility from the crossings must facility way maintenance must comp - of - Crossings of public waters or land controlled by the commissioner are . Right and follow other existing right of ways crossings and facilities along the river corridor; . Public transportation facilities shall comply with structure placement and height view Public recreational facilities must comply with the following standards: . nsmission lines, wind energy conversion systems greater than five megawatts, and way; and - of - . Public utilities must comply with the following standards: ess communication facilities, according to Section 5.26. be hidden from voltage tra - way maintenance standards the rightChemical 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 authority over the chemicapipelines are regulated according to Minnesota Statutes, chapter river 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.Wirelplacement and height standards in Section 6.0, except as provided in Sectionimpact zones unless no other placement alternative exists. If no alternative exists, then design and - Vegetation currently in a natural state must be maintained to the extent feasible;Where vegetation in a natural state has been removed, native plants must be planted and maintained on HighIf overhead placement is necessary, utility Providing scenic overlooks for motorists, bicyclists, and pedestrians;Providing safe pedestrian Providing access to the riverfront in public ownership; andAllowing for use of the land between the river and the transportation facility.Buildings and parking associated with pubic recreational facilities must comply with the structure Roads and driveways associated with public recreational facilities must not be placed in the bluff or shore of - 8.31 8.32 8.338.51 8.52 8.538.548.61 8.62 8.63 8.64 8.71 8.72 subject to approval by the commissioner according to Minnesota Statutes, sections standards in Section 6.0. Where such facilities intersect or about two or morstandards apply. Public transportation facilities must be designed and constructed to give priority to: RightCrossings of public water or public land. Public utilitiesPublic transportation facilitiesPublic recreational facilities 8.3 8.4 8.5 8.6 8.7 Ordinance Language 54 If . Jufn!3/ /2021 23 LGUs 02 / 6 2 0 States Organization for weed control ordinances for $55. not apply to these designated areas. nuisance by purchase from LGUs are not allowed to restrict the height of 2 Commentary Library orBoating Access (SOBA) 8.75. Optional. Suggested language provides better protection from light pollution. 9.such as through such ordinance provisions exist, LGUs must amend them so they do 9.35.C. This provides clarity that removing individual trees and shrubs is allowed under the rules.may choose to not add this provision or to not include trees or shrubs. ; and steep slopes and 6280.0250 and 6115.0210 ction 7.43. 27 ; d constructed to minimize: route the bluff and shore impact zones if design, . ed consistent with the standards in Design Handbook for cted to minimize disturbance to these areas and avoid visual If illuminated, the lighting must be fully shielded and be directed s to shoreline vegetation, erodible soils and slopes, and other sensitive ; d Development Guidelines prone areas. - corridor views. surface trails are not allowed on the face of bluffs with a slope exceeding 30 percent. Natural - Visibility from the riverVisual impacts on public river corridor views; andDisturbance to and fragmentation of primary conservation areas. !!! This section applies to: . Hardsurface trails are allowed, provided they do not exceed eight feet in width.Trails, paths, and viewing areas must be designed an(1)(2)(3)Watercraft access ramps must comply with Minnesota Rules chapters Facilities must be designed and constructRecreational Boating and Fishing Facilities. !! !! To establish standards that sustain and enhance the biological and ecological functions of vegetation; construction must minimize impactresources.or views of the Mississippi River are allowed within construction, and maintenance methods are consistent with the best management practice guidelines in Trail Planning, Design, anPublic signs and kiosks for interpretive or directional purposes are allowed in the bluff or shore impact zones, provided they are placed and construimpacts on public river downward.Public stairways, lifts, and landings must be designed as provided in SeShore impact zones;Areas within 50 feet of a wetland or natural drainage Bluff impact zones; A.B.A.B. Trails, access paths, and viewing areas associated with public recreational facilities and providing access to Public water access facilities must comply with the following requirements: 7576 .. 8.73 8.74 889.219.229.23 Purpose.preserve the natural character and topography of the MRCCA; and maintain stability of bluffs and ensure stability of other erosion Applicability VEGETATION MANAGEMENT .1 99.2 Ordinance Language9.0 55 Jufn!3/ /2021 23 02 / 6 forms and 2 that a 0 It is consistent with . from the river. applicable if LGUs have or , directly states that migrate along the MR 6106.0150 Subp. 5 D and E restoration of all intensively removed develop a new or use an existing s itions or deny a vegetation permit . LGUs have the authority to approve, approve Optional . Optional. Language provides additional require LGUs must Commentary 9.4permit process consistent with 6106.0150 Subp. 4.LGUs must submit documentation to the DNR verifying a process and administrative procedures as part of ordinance review and approval process.with condapplication. in rule and was added to clarify the intent that intensive vegetation clearing is allowed for permitted projects. 9.42.B. This standard may be concerns about slope stability during application review. 9.42.C. would allow consideration of how vegetation removal might affect the views of neighbors, properties across the river 9.42.Dprotections for birdsMississippi Flyway twice a year 9.61.A. This provision restoration plan is required for all permitted intensively removed vegetation. but more clear than which vegation ption em as an ex , in addition to a restoration plan 28 (insert name of LGU); ). with a building permit or : , or hazardous; : determined by removal of name of resource agency or native species. - provided that vegetative cover remains consistent with the management unities; and . s and shrubs; and in order to approve a vegetation permit 12.0 insert name of LGU native species. - o prevent the spread of diseases or insect pests; that is dead, diseased, dying, or hazardous; way maintenance for public facilities meeting the standards Section 8.3; - of egetation he following intensive vegetation clearing activities are allowed with a vegetation permit: - nvasive non VVegetation t Individual tree IClearing of vegetation that is dead, diseased, dyingClearing to prevent the spread of diseases or insect pests;Clearing to remove invasive nonClearing to prepare for restoration and erosion control management activities consistent with a plan approved by (The minimum necessary for development that is allowed under SectionDevelopment is sited to minimize removal of or disturbance to natural vegetation; der Section 9.6, !! !!! ! ! ! ! Areas of native plant commSignificant existing vegetative stands identified in the MRCCA plan.Maintenance of existing lawns, landscaping and gardens;Removal of vegetation in emergency situations as RightAgricultural and forestry activities meeting the standards of Sections 5.21 and 5.23;Selective vegetation removal, purpose of the MRCCA District, includingGeneral Performance Standards. The following standards must be metun A.B.C.D.A.B.C.D.E.A. Only t 9.249.259.319.329.339.349.359.41 9.42 Activities allowed without a vegetation permit. Activities allowed with a vegetation permit. 9.3 9.4 Ordinance Language 56 Jufn!3/ /2021 23 rotection. 02 / 6 2 0 MRCCA Plans. This Optional. Priorities for restoration tion plans. ). 3 and provides better resource p ( restored vegetation be equivalent to that ) functionally clarifies what biological and 1 ( Commentary 9.62.A.are in MR 6106.0150 Subp. 5.D & E. These priorities are vague and difficult to administer. Suggested higher standards clarify what a priority is so it is easier to identify and thus easier to review and approve restora 9.62.A.(4). Optional. Many LGUs identified restoration priorities in theiroptional language provides an opportunity to address those opportunities through ordinance administration. 9.62.D. Optional. Alterative language provides a specific numerical quantity tieing the amount of vegetation removed to the amount that should be replaced is easier to administer 9.62.E. Optional. Alternative language requiring that the area of removedecological equivalent means. This is easier to administer and provides better resource protection. 9.62.F. LGUs could specify what a qualified professional means in different situations. n or near the and ; he MRCCA plan, if ; Areas on steep slopes and bluffs that 29 ; ; . Shoreline areas within 25 feet of the water he purpose of this section. restoration plan must satisfy the application scenic views ; and other The vegetation , and to avoid bird migration and nesting seasons Areas with soils showing signs of erosion, especially o eep slopes visible from the river . insert name of resource agency, if someone other than professional engineer ntensive vegetation clearing is prohibited engineer or ( All other i ); y vegetation removed with a permit under Section 9.41 Stabilization of erodible soilstop and bottom of steep slopes and bluffsRestoration or enhancement of shoreline vegetationwith no natural vegetation, degraded vegetation, or planted with turf grassRevegetation of bluffs or stare visible from the river with no natural vegetation, degraded vegetation, or planted with turf grass; orOther approved priority opportunity area, including priorities identified in tnone of the above exist !!!! Soil, slope stability, and hydrologic conditions are suitable for the proposed work as determined by a professional is desired Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor viewsVegetation removal activities are conducted so as to expose the smallest practical area of soil to erosion for the least possible timeAny other condition determined necessary to achieve tFor anUpon failure to comply with any provisions in this section; orAs part of the planning process for subdivisions as provided in Section 11.0.Vegetation must be restored in one or more of the following restoration priority areas:(1)(2)(3)(4)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 ! !! !!! !! ! submittal requirements in 3.6, and: B.C.D.E.A.B.C.A.B. Restoration Plan Performance Standards. 9.61 Development of a vegetation restoration plan and reestablishment of natural vegetation is required:9.62 Prohibited activities.Vegetation restoration plan. 9.5 9.6 Ordinance Language 57 Jufn!3/ /2021 23 02 / 6 2 0 allows an exception for the design standards for walls under local government or a resource provision a This Commentary 10.21. A.erosion control projects in the BIZ as long as they aredeveloped by agency (e.g. SWCD). Property owners may address more limited erosion control problems with retaining walls subject to 10.32. 10.22. Optional. LGUs may increase the distance or area where a land alteration permit is required. 10.31. Under Section 10 of the Federal Rivers and Harbors Act, a USACOE permit is required for riprap along the Mississippi River. - and to that removed to The area (square feet) lowing, which are allowed by to the greatest extent ; 30 loadings of sediment, nutrients, vegetation restoration must be stabilized with deep Native Vegetation Establishment and native natural and ; , land alteration that involves more than ten cubic yards of material or a plan approved by the local government or resource agency . ; ; , land alteration is prohibited, except for the fol practicable Section 10.6 consistent with The area (square feet) of the restored vegetation should be similar . bluff impact zone water quality impact zone . the restored vegetation should be equivalent to that removed epair and maintenance of existing buildings and facilities. nearby patches of native plant communities and by Enhancement GuidelinesAny highly erodible soils disturbed during removal and/or rooted vegetation with a high stem density;Vegetation removed must be restored with practicable the greatest extent For restoration of removed native plant communities, restored vegetation must also provide biological and ecological function equivalent to the removed native plant communities. of Be prepared by a qualified individualInclude a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three years.Erosion control consistent withThe minimum necessary for development that is allowed as an exception under Section 12; andR ! !certificate of compliance will be issued after the vegetation restoration plan requirements have been ! ! !! ! To establish standards that protect water quality from pollutant ! ap, retaining walls, and other erosion control structures. A satisfied.Within the permit.affects an area greater than 1,000 square feet requires a permit. C.D.E.F.G.A.B.C. 63 9.10.2110.22 Within the Purpose.bacteria, and other contaminants; and maintain stability of bluffs, shorelines, and other areas prone to erosion.Land alterationRock ripr LAND ALTERATION STANDARDS AND STORMWATER MANAGEMENT .1 1010.2 10.3 Ordinance Language10.0 58 Jufn!3/ /2021 storm 23 02 / 6 stormwater 2 0 . post construction must review and approve storm water permits/plans using the same standard governments facilities would not be allowed. management, or if no MS4 permit, then .42 Local Commentary 10.41. Optional. Could add the bluff setback to this standard to increase the area in which treatment 10storm waterused in their MS4 permit for watercompliance with the current NPDES program permit for construction , and insert ( 4, item E Subp. , permitted by the US consistent with provisions 6115.0215, . 31 ommissioner part c er determines that a larger structure is , with a permit See Figure 8. . flood protection elevation. are allowed established erosion problem as determined by the ). y impact zone water qualit HWL must comply with Minnesota Rules . Work must not proceed until approved by the 2 provided that: , repair, or replacement of rock riprap, retaining walls, and other erosion control structures Subp. 10.6 Retaining walls must not exceed five feet in height and must be placed a minimum horizontal distance of ten feet apart; andRiprap must not exceed the height of the regulatory !! Corps of Engineers, and any other permits are obtained If the project includes work at or below the OHWL, the commissioner has already approved or permitted the project.The structures are used only to correct an name of LGU and/or resource agency The size and extent of the structures are the minimum necessary to correct the erosion problem and are not larger than the following, unless a professional engineneeded to correct the erosion problem:(1)(2) ! ! ! located at or below the O6115.0216, Army Figure 8. Riprap Guidelines bluff impact zone and the of Section not require a permit provided it does not involve any land alteration Construction or replacement of rock riprap, retaining walls, and other erosion control structures within the A.B.C. 10.31 Construction10.3210.33 Repair of existing rock riprap, retaining walls, and other erosion control structures above the OHWL does Stormwater management. 10.4 Ordinance Language 59 Jufn!3/ /2021 23 02 / 6 2 0 Commentary 10.7 Local governments may eliminate these provisions if similar language is included elsewhere in the ordinance. except by permit if: , on 9.0; and off reaching the bluff impact zone is 32 ; engineering and geological practices is required and applied to equirements of Section 9.0. onstructs existing impervious surface of more than 10,000 square Minnesota Stormwater Manual , development that creates new impervious surface, as allowed by ities are allowed on steep slopes if: , storm water management facilities are prohibited . Construction of structures, impervious surfaces, land alteration, vegetation impact zone and permanent erosion and sediment control measures retain sediment onsite consistent with luff water quality impact zone There are no alternatives for storm water treatment outside the bluff impact zone on the subject site;The site generating runoff is designed so that the amount of runreduced to the greatest extent practicable;The construction and operation of the facility does not affect slope stability on the subject property or adjacent properties; andMitigation based on the best available eliminate or minimize the risk of slope failure. ! ! ! ! In the bIn the exemption in Section 12.0, or fully recfeet requires a storm water permit . Multipurpose trails and sidewalks are exempt if there is down gradient vegetation or a filter strip that is at least five feet wide. In all other areas, storm water runoff must be directed away from the bluff impact zones or unstable areas. best management practices in the sedimentation; A.B.C.D. Temporary 6164 All erosion and sediment controls are installed before starting any land disturbance activity; 10.4110.42 10.43 10.51 The development can be accomplished without increasing erosion or storm water runoff;10.52 The soil types and geology are suitable for the proposed development; and10.53 Vegetation is managed according to the r10.10.62 Natural site topography, soil, and vegetation conditions are used to control runoff and reduce erosion and 10.63 Construction activity is phased when possible;10.10.65 Erosion and sediment controls are maintained to ensure effective operation;10.66 The proposed work is consistent with the vegetation standards in Secti Development on steep slopes removal, or other construction activ Conditions of land alteration permit approval. 6 . 10.510 Ordinance Language 5: in all such Jufn!3/ /2021 project - 23 02 river. existing / 6 2 0 a lower threshold acre threshold is high - communities can ensure more protections for land adjacent way e the potential for using c weaken his provision is intended to ensure that Consider reducing to acres. This . As land in these districts gets redeveloped, it - toration of PCAs and PRCVs. Commentary 11.21. Optional. The 10considering redevelopment in urban areas of the corridor. as fivepublic access to the river and better protection or res Additionally, tall land adjacent to the River be protected. The optional this and to reduparcel sizes to to the river. 11.3. Local governments must provide for prereview of all proposed subdivisions, redevelopments, and planned unit developments. 11.41.C. Optional. Increase set aside percentage districtwill be important to ensure PCAs and land is set aside for future parks and open space, especially for urban areas where there is greater density and opportunities to work and play along the Best planned - 6120. 5000 ; and parcels that abut the 8420 sections ndividual sites within the . contiguous 0001 - 33 er management plans completed under or more acres for , and local wat ten 103B . All development must: ; on apply to subdivisions, planned unit developments and master 8410 DNR General Public Waters Work Permit GP 2004 chapter on large sites; and planned development and redevelopment of land. - . Subdivisions;Planned unit developments; and MasterMinor subdivisions consisting of three or fewer lots;Minor boundary line corrections; following activities are exempt from the requirements of this section: !! !! ! Practices for Meeting Minnesota Statutes,6120.6200of the remaining large sitesconservation areasrestoration opportunities have been identified in MRCCA Plans.development and redevelopment of land involving Mississippi River and 20 or more acres for all other parcels, including smaller ifollowing developments that are part of a common plan of development that may be constructed at different times: A.B.C.A.B. To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment 11.12 To establish standards for protecting and restoring biological and ecological functions of primary 10.67 Best management practices for protecting and enhancing ecological and water resources identified in 10.71 Be consistent with Minnesota Statutes, chapter 10.72 Meet or exceed the wetland protection standards under Minnesota Rules, chapter 10.73 Meet or exceed the floodplain management standards under Minnesota Rules, 11.11 11.13 To encourage restoration of natural vegetation during development or redevelopment of large sites where 11.21 The design standards in this secti11.22 The Compliance with other plans and programsPurpose.Applicability. SUBDIVISION AND LAND DEVELOPMENT STANDARDS 10.711.111.2 Ordinance Language11.0 61 Jufn!3/ /2021 . If LGU 23 2b 02 / 6 2 Subd. 0 Local governments 462.358, that achieve additional unity. The DNR will consider a lieu fee provisions adopted under - or or restoration of primary conservation The MRCCA rules state that local ordinances Commentary 11.46 dedication or inMinnesota Statutes, section has not adopted such provisions this section may be omitted. 11.6 must contain provisions, including incentives, for alternative design methods that achieve better protection or restoration of PCAs. must develop provisionsprotections fareas. These should address PCA resources specific to the community and unique opportunities for their protection or restoration within the type of development or redevelopment that is likely to happen in the commwide variety of provisions to meet this requirement. Some ideas include: ess, parks, or other open space or 34 2. completed to evaluate the unvegetated ) for public river acc e parcel and portions of the parcel have been identified in possible to form an interconnected network. s; and here they exist, must be set aside and designated as protected open space in UC Districts: 10%; and dependent commercial and industrial uses. - - if the parcel includes native plant communities or provides feasible connections to insert LGU ordinance citation UM, and CA - Project information listed in Section 3.6 must be submitted for all proposed developments. . and the area must be set aside and designated as protected open space. 2 ROS District: 50%;RN District: 20%;RTC, CASR District: 10% ---- Resolutions of encroachments;Additions to existing lots of record;Placement of essential serviceActivities involving riverCACACACAa regional park or trail system, otherwise no requirement. rm water treatment areas or other green infrastructure may be used to meet the protected open space !! ! ! !! ! ! Primary conservation areas, wquantities meeting the following as a percentage of total parcel area:If the primary conservation areas exceed the amounts specified in Section 11.41, then protection of native plant communities and natural vegetation in riparian areas shall be prioritized. 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 primary conservation areas and determine whether vegetation restoration is needed. If restoration is needed, vegetation must be restored according to Section 9.6If primary conservation areas do not exist on ththe MRCCA plan as a restoration area, vegetation must be restored in the identified areas according to Section 9.6Storequirements if the vegetation provides biological and ecological functions.Land dedicated under (public facilities may be counted toward the protected open space requirement. Protected open space areas must connect open space, natural areas, and recreational areas, where present on adjacent parcels, as much as C.D.E.F.A.B.C.D. 11.4111.4211.4311.4411.4511.4611.47 Application materialsDesign standards.Permanent protection of designated open space. 11.311.4 11.5 Ordinance Language , 62 Jufn!3/ /2021 23 02 r protection / 6 2 0 by individual lots . river and natural and protecting it as preventing the fragmentation zoning and site design techniques. Protection and restoration of continuous vegetation of vegetation and habitatespecially along the drainage areascommon open spaceDensity bonus and smaller lots in return for protection of open space beyond the minimum identified in 11.41.Use of conservation design or transfer of development rights in return foof open space beyond the minimum identified in 11.41.Other !!!! Commentary . Uses and . d. 4 f vegetation to meet its 35 (section, chapter, or article) rposes; 116G.15 Sub term management o , section - This means that the use or activity is allowed only if no alternatives Minnesota Statutes (E). - This means that a use or activity is not exempt and must meet the standards of this . and alteration standards in Sections 9 and 10. N This means that the use or activity is allowed; - E. . Public acquisition by a government entity for conservation puA permanent conservation easement, as provided in Minnesota Statutes, chapter 84C;A deed restriction; andOther arrangements that achieve an equivalent degree of protection.Exempt Exempt if no alternative exist; and Not exempt ordinance. ! !! !! !! To provide exemptions to structure placement, height and other standards for specific river or water . Designated open space areas must be protected through one or more of the following methods:Permanent protection methods must ensure the longbiological and ecological functions, prohibit structures, and prohibit land alteration, except as needed to provide public recreational facilities and access to the river. activities exempted under shore impact zone and bluff impact zone must comply with the vegetation management and l A.B.C.D.A.B.C. urpose 11.5111.5212.21 Uses and activities not specifically exempted must comply with this 12.22 Uses and activities in Section 12.3 are categorized as: Alternative design standards.P access dependent facilities as provided in Applicability EXEMPTIONS 11.612.112.2 Ordinance Language12.0 63 Jufn!3/ /2021 23 02 / 6 2 0 Commentary UC district is underlying - must comply which the use or activity Applicable standards with Structure design and placement must minimize interference with public river corridor views. Section 8Section 5.26 Exemptions do not apply to additions or site alterations Height in CAgoverned by zoning 36 EE NNNN (E) BIZ EE NNNN SIZ n/a EEEEEE n/a Limits Height EEEE NNN Set backs UC district of St. - towers and railroad signaling Use or Activity General uses and activities. 12.31 Use and activity exemptions classification. 12.3 quipment Industrial and utility structures requiring greater height for operational reasons (such as elevators, refineries towers)Barns, silos, and farm structuresBridges and bridge approach roadwaysWireless communicationChimneys, church spires, flag poles, public monuments, and mechanical stacks and eHistoric properties and contributing properties in historic districtsBuildings and structures on the face of or abutting the bluff in the CAPaul, between Chestnut Street and Highway 52. Ordinance Language 64 Jufn!3/ /2021 23 02 / 6 2 0 Commentary must comply which the use or activity Applicable standards with Section 8Section 8Section 10Section 8Section 8 37 N (E)(E)(E)(E) BIZ EEEE (E) SIZ EE NNN Limits Height EEEEE Set backs Use or Activity 12.32 Public utilities. Electrical power facilitiesEssential services (other than storm water facilities)Storm water facilitiesWastewater treatmentPublic transportation facilities Ordinance Language 65 Jufn!3/ /2021 23 02 / 6 2 0 Commentary stability of bluff must comply Exemptions do not apply which the use or activity Applicable standards with Section 8; within BIZ, only on slopes averaging less than 30%.to principal structures.Section 8Section 8; within BIZ, only within 20 feet of toe of bluff; not on face of bluff; and must not affect Section 8Section 8Section 8; within BIZ, only on slopes averaging less than 30%Section 8Section 8 38 E N (E)(E)(E)(E)(E)(E) BIZ EEEE (E)(E)(E)(E) SIZ E NNNNNNN Limits Height EEEEEE (E)(E) Set backs . sided - recreational facilities Use or Activity Public 3 12.3 surfaced trails, access paths, and - surfaced trails and viewing platforms - Accessory structures, such as monuments, flagpoles, light standards, and similar park featuresPicnic shelters and other openstructuresParking lotsRoads and drivewaysNaturalviewing areasHardWater access rampsPublic signs and kiosks for interpretive or directional purposes Ordinance Language 66 Jufn!3/ /2021 23 02 / 6 2 0 onal reasons. operati Commentary activity must comply which the use or Applicable standards with Section 5.25. Exemptions do not apply to buildings, structures, and parking areas that are not part of a shoreline facilitySection 5.25 39 (E)(E) BIZ EE SIZ 11 NN Limits Height EE Set backs . dependent uses - Use or Activity River dependent uses 4 - 12.3 dependent commercial, industrial, and utility structures are exempt from height limits only if greater height is required for - Shoreline facilitiesPrivate roads and conveyance structures serving river Ordinance Language River 1 67 Jufn!3/ /2021 23 02 / 6 2 0 Commentary premise - 10.5 and 10.6 use or activity ; exemption does .6 10.3, must comply which the Applicable standards with Section 7; in BIZ, only on slopes averaging less than 30%. Exemption does not apply to private roads serving fewer 3 lots or to private driveways and parking areasSection 7Section 7Section 7Section 7Section 7.5Section 7not apply to offadvertising signs Sections Section 10 40 EE NNNNN (E)(E)(E) BIZ . EEEEEEEE NN SIZ NNNNNNNNNN Limits Height EEEEEEEEE (E) Set backs Use or Activity Private residential and commercial water access and use facilities 5 12.3 oriented accessory structures - Private roads serving 3 or more lotsAccess pathsWater access rampsStairways, lifts, and landingsWaterPatios and decksDirectional signs for watercraft (private)Temporary storage of docks, boats, and other equipment during the winter monthsErosion control structures, such as rock riprap and retaining wallsFlood control structures Ordinance Language Jufn!4/ AGENDA REPORT Meeting Date: July 13 2021 Meeting Type: Environmental Quality and Energy (EQEC) Commission Submitted By: Rachel Workin, Environmental Planner Title Micromobility Sharing Update Background The City received a Text Amendment from Bird Rides, Inc to allow for Shared Micromobility Vehicles within the public right-of-way. There was a public hearing before the Planning Commission on June 16 and a public hearing and first reading of the ordinance before the City Council on June 28 which were approved. During the June 8 Environmental Quality and Energy Commission, staff was asked if riders would be able to travel between Minneapolis and Fridley via scooter if a micromobility sharing license was issued. Staff confirmed that at least Bird Rides, Inc would allow for riding between licensed cities; however, if a rider traveled from a licensed city into an unlicensed city, the scooter would lock. Recommendation Provided for informational purposes Attachments and Other Resources !None Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 68 Jufn!5/ AGENDA REPORT Meeting Date: July 13, 2021 Meeting Type: Environmental Quality and Energy (EQEC) Commission Submitted By: Rachel Workin, Environmental Planner Title Compostable Item Program Background The City of Fridley supports waste reduction activities in order to achieve the goals in the Metropolitan Solid Waste Management Policy Plan and the Anoka County Solid Waste Management Master Plan. As required by the hierarchies in these plans, the City promotes organics recycling and composting over landfilling. One barrier to increased adoption of organics recycling at large events is procurement of compostable plateware when single-use items are requested. To address this barrier, the City has begun offering compostable products at cost to residents who rent shelters or rooms at city buildings. Staff is currently expanding this program so that all residents may purchase compostable items through the recreation software PerfectMind, even when not renting a shelter. Additionally, the City will be providing 10 block parties with compostable plateware and organics containers for Night to Unite in 2021. Recommendation For informational purposes only Attachments and Other Resources !None Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 69