6-21-23-PC
Planning Commission Meeting
June 21, 2023
7:00 PM
7071 University Avenue NE Fridley, MN 55432
Agenda
Call to Order
Roll Call
Approval of Meeting Minutes
1.Approval of the April 19, 2023, Planning Commission Meeting Minutes
Public Hearing
2.Public Hearing to Consider Special Use Permit, SP #23-01 to allow a daycare use at 6425 Hwy 65
N.E.
3.Public Hearing for TA #23-01 Proposing Updates to City Code Chapters 205-28 Critical Area
District, 205-32 Shoreland Overlay District, and 205-30 Telecommunications Towers and
Facilities District to conform with new Mississippi River Corridor and Critical Area rules
Other Business
Adjournment
Upon request, accommodation will be provided to allow individuals with disabilities to participate in
any City of Fridley services, programs, or activities. Hearing impaired persons who need an interpreter
or other persons who require auxiliary aids should contact the City at (763) 572-3450.
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AGENDA REPORT
Meeting Date:June 21, 2023 Meeting Type:Planning Commission
Submitted By:Julianne Beberg, Office Coordinator
Title
Approval of the April 19, 2023, Planning Commission Meeting Minutes
Background
Attached are the April 19, 2023,
Financial Impact
None
Recommendation
Staff recommend the approval of theApril 19, 2023,Planning Commission Meeting Minutes
Attachments and Other Resources
April 19, 2023, Planning Commission Meeting Minutes
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Planning Commission
April 19, 2023
7:00 PM
Fridley City Hall, 7071 University Avenue NE
Minutes
Call to Order
Chair Hansencalled the Planning Commission Meeting to order at 7:00 p.m.
Present
Pete Borman
John Buyse II
Mark Hansen
Mike Heuchert
Terry McClellan
Nancy Abts, Associate Planner
Scott Hickok, Community Development Director
Peter Pfister, Superintendent of Minneapolis Water Treatment Plant Operations and Maintenance
Ann Bolkom, Councilmember Ward 3
Approval of Meeting Minutes
1.Approve January 4,2023, Planning Commission Minutes
Motionby Commissioner McClellanto approve the minutes. Seconded by Commissioner Borman.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously.
Public Hearing
2.Public Hearing to Consider Plat Request, LS #23-01 for the City of Minneapolis
Motionby Commissioner Buyseto open the public hearing. Seconded by Commissioner Borman.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the public
hearing was opened at 7:01p.m.
Nancy Abts, Associate Planner, presented a plat request from the City of Minneapolisfor the property
generally located at 4300 Marshall Street. The replat will create one new lot that will better define
the property lines for the Minneapolis Waterworks and the Minneapolis Emergency Operations
Training Facility. She reviewed the analysis of the request and stated that staff recommends approval
of the plat request.
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Planning Commission 4/19/2023 Minutes Page 2
The Commission asked for details related to right-of-way and details on the ownership and
occupancy of the property. Ms. Abts provided additional details on the right-of-way and explained
that Minneapolis owns the land and facilities.
Scott Hickok, Community Development Director, provided additional details on the right-of-way
process including details on utility easements.
Councilmember Bolkom asked if the area would be cleaned up noting trash, abandoned vehicles, etc.
Peter Pfister, representing the applicant, provided additional details on the master planning for the
property they are going through and addressing outdoor storage concerns in the area would be
considered as part of that process.
Mr. Hickok commented that staff has been in contact with staff from Minneapolis. He explained how
some vehicles are used in training incidents. He agreed that improvements could be made to the site
or additional screening could be added.
A Commission member noted that the City of Minneapolis has owned the property for longer than
the City of Fridley has been incorporated and asked for more details. Mr. Hickok provided some
historical background.
Motion by Commissioner Borman to close the public hearing. Seconded by Commissioner Buyse.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the public
hearing was closed at 7:19 p.m.
The Commission asked the land use guidance for this property under the Comprehensive Plan. Mr.
Hickok replied that the property is guided industrial and the use is appropriate for the property. Ms.
Abts provided additional details on the zoning and land use, noting that is not proposed to change
under this request.
The Commission noted that this request makes sense and commented that it would be nice to have
the site cleaned up or better screened.
Motion by Commissioner Borman recommending approval of plat request, LS #23-01 for the City of
Minneapolis. Seconded by Commissioner Buyse.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously.
3. Public Hearing for Comprehensive Plan Amendment, CPA #23-01 by the City to Amend the Parks
and Trails Chapter in the 2040 Comprehensive Plan and Update the Future Land Use Map
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Planning Commission 4/19/2023 Minutes Page 3
Motion by Commissioner Borman to open the public hearing. Seconded by Commissioner McClellan.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the public
hearing was opened at 7:27 p.m.
Ms. Abts presented a request to update the 2040 Comprehensive Plan for consistency with the Park
System Improvement Plan and in conjunction with the termination of the Joint Powers Agreement
(JPA) with Anoka County regarding parks traversed by the Rice Creek West Regional Trail. She stated
that they would also update the future land use map to change the guidance for a parcel that will be
developed as a park/trail facility. She provided an overview of the requested updates.
The Commission asked how the size of the parks was determined. Ms. Abts replied that is based on
the most recent parcel data of Anoka County. Mr. Hickok provided additional details on the concept
for the new park/trail facility and how development will occur as funding becomes available.
A Commission member asked for details on the JPA with the County and why that is being dissolved.
Mr. Hickok provided additional background information on the history and dissolution of the JPA as
well as the plans going forward for those properties.
Motion by Commissioner McClellan to close the public hearing. Seconded by Commissioner Heuchert.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the public
hearing was closed at 7:37 p.m.
The Commission noted that this makes sense to update the plans with the new information and
expressed excitement for the new pocket park. Mr. Hickok provided additional details on the
development of the pocket park which will use alternate funding and will not take away from the
planned improvements identified in the master plan process for the parks. He confirmed that
updates would also be made to the bus rapid transit stop.
Motion by Commissioner Buyse recommending approval of CPA #23-01. Seconded by Commissioner
McClellan.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously.
Other Business
The Commission asked for an update on potholes. Councilmember Bolkcom stated that public works
staff will be working on that once the flood prevention efforts are completed. She noted that some
streets are the responsibility of the County. Residents can report potholes to public works.
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Planning Commission 4/19/2023 Minutes Page 4
Mr. Hickok commented that staff is completing cold patching. He noted that there will be a town hall
meeting on Saturday and invited residents to attend. The town hall will be followed by the
environmental fun fair.
Adjournment
Motion by Commissioner Borman to adjourn the meeting. Seconded by Commissioner Buyse.
Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the meeting
adjourned at 7:51 p.m.
Respectfully submitted,
Amanda Staple, Recording Secretary
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LAND USE APPLICATIONSUMMARY
Item:SP #23-01 Meeting Date:June 21, 2023
General InformationSpecial Information
2001 Chiropractic clinic constructed.
Applicant:
2002 Sign size variance approved.
Dreamers Child Care
Tarek Menesi
Legal Description of Property:
6304 Hwy 65 N.E.
The South One Hundred Fifty (150) feet, front
Fridley, MN 55432
and
Requested Action:
Public Utilities:
Public Hearing to Consider Special Use Permit,
Building is connected.
SP #23-01to allow a daycare useat 6425 Hwy
Transportation:
65 N.E.
The property receives access off the Hwy 65 N.E.
Location:
Service Road.
6425 Hwy 65 N.E.
Physical Characteristics:
Existing Zoning:
Building, hard surface parking and driveways, and
R-3, Multi-Family
landscaping.
Size:
Summary of Request:
29,620 sq. ft. .68 acres
The petitioner, Tarek Menesi, who is the owner of
Existing Land Use:
Dreamers Child Care is requesting that a special
Chiropractic Clinic
use permit be issued to allow a daycare use
Surrounding Land-use & Zoning:
within the existing building at 6425 Hwy 65 N.E.
N:Single Family & R-1
Staff Recommendation:
E:Single Family & R-1
City staff recommends approval of the special use
S:Apartment Building & R-2
permit, provided certain code requirements are
W:Hwy 65 & ROW
met, subject to stipulations.
Comprehensive Plan Conformance:
City Council Action/60 Day Action Date:
Existing and Future Land Use Map designates
City Council July 10, 2023
the property as Multi-Family
60 Day Date July 17, 2023
Zoning Ordinance Conformance:
Staff Report Prepared by Stacy Stromberg
Section 205.09.01.C allowsdaycare centers in
an R-3, Multi-Family zoning district, provided
certain conditions can be met.
Building and Zoning History:
1948 Lot platted.
1999 Special Use Permit approved to allow a
chiropractic clinic.
1999 Variance approved to reduce the
setback from the ROW to a driveway.
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Written Report
The Request
The petitioner, Tarek Menesi, who is the owner of Dreamers Child Care is requesting that a special
use permit be issued to allow a daycare use within the existing building at 6425 Hwy 65 N.E.
Dreamers Child Care currently operates at
6304 Hwy 65 N.E. They have been in business
at this location for 6 years and have grown to
the point where they need to expand. If this
special use permit is approved, they will
operate out of both locations.
Site Description and History
The subject property is located off the Highway
rd
65 N.E. East Service Drive, north of 63 Avenue.
It is zoned R-3, Multi-Family. In 1999, the City
Council approved a special use permit to allow
a chiropractic clinic, which is a permitted
special use in the R-3, Multi-Family zoning
district. In addition to the special use permit
approval, the Council also approved a variance
to reduce the required setback for a driveway
from 20 ft. to 0 ft. In 2002, the Council
approved a variance to reduce the setback of a free-standing sign from 10 ft. to 2 ft. There is an
ingress/egress driveway easement across the subject property, that allow access to the single-family
home at 6435 Hwy 65 N.E.
The use of the property has remained as a chiropractic clinic since the building was constructed in
2001.
Code Requirements and Analysis
A daycare used is a permitted special use in the R-3, Multi-Family zoning district, provided lot size
and parking requirements can be met. Dreamers Day Care plans to remodel the existing 2,048 sq. ft.
building to create two infant rooms upstairs and a toddler room downstairs. There will also be a
lobby, restroom, office, break room, storage, and utility space. Code requires a minimum size lot of
12,000 sq. ft. for a daycare use. The subject property is 29,620 sq. ft., therefore meeting the code
requirement. Based on the square footage of space to be used for the daycare and office use, code
requires 26 parking stalls. The petitioner submitted an old site plan and aerial of the property that
shows approximately 15 parking stalls. There is adequate hard surface on-site to stripe the remaining
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11 stalls. An updated site plan, meeting code requirements will be required at the time of building
permit application submittal.
The petitioner plans to remove the hard surface
on the east side of the building to provide an
area for a playground and outdoor play space
for the daycare children.
Staff Recommendation
Staff recommends the Planning Commission
hold a public hearing for Special Use Permit, SP
#23-01.
Staff further recommends approval of Special
Use Permit, SP #23-01, with stipulations.
Stipulations
Staff recommends that if the special use permit is approved, the following stipulations be attached.
1.!The petitioner shall obtain any permits required to alter the building for the proposed use.
2.!The petitioner shall meet all requirements set forth by:
a.!The Building code, including the Americans with Disabilities Act (ADA).
b.!The Fire code.
c.!that show restoration
of the hard surface space being removed for playground space and how stormwater
is being managed on-site.
d.!, including but not limited to an updated site plan showing
the required amount of parking stalls, site circulation during drop-off and pick-up
times, the location of the solid waste/recycling enclosure, and the sign code.
e.!The Rice Creek Watershed District.
3.!The petitioner shall obtain any required State and/or County licenses to operate the proposed
use.
4.!Efficient
Buildings program to identify energy and cost-saving strategies.
Attachments
1.!
2.!Public Hearing notice and mailing labels to properties within 350 ft.
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PUBLICNOTICE
City of Fridley PlanningCommission
Notice of Public Hearing to Consider a Special Use Permit by Dreamers
Daycare
Notice is hereby giventhat the PlanningCommissionof the City of Fridley willhold a public hearing
on June 21, 2023at 7:00pmat Fridley City Hall, 7071 University Avenue N.E.
The public hearing will considera Special Use Permit, SP#23-01, by Dreamers Daycare to allow a
daycare use at 6425 Highway 65 NE, which is zoned R-3 Multi-Family, the legal description is on file
and available at Fridley City Hall.
Any person desiring to be heard shall be given an opportunity at the above stated time and place.
Or, comments may be submitted before the meeting tostacy.stromberg@fridleymn.govor 763–572–
3595. Publication date(s): June 9, 2023.
The City Council will consider this item onJuly 10, 2023.
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Fridley Civic Campus
7071University Ave N.E. Fridley, MN 55432
763-571-3450 |FAX: 763-571-1287 |FridleyMN.gov
PUBLIC HEARING NOTICE
To:Property Owners and Residents within 350 feet of6425 Hwy 65 NE
Applicant:Dreamers Daycare
Request:Special Use Permit#23-01, by Dreamers Daycare, to allow a daycare use
at 6425 Highway 65 NE, which is zoned R-3 Multi-Family, the legal
description is on file an available at Fridley Civic Campus.
Date of Hearings:Planning Commission Meeting, Wednesday, June 21, 2023at 7:00 p.m.
The Planning Commission meeting is televised live the night of the
meeting on Channel 17.
Location of Planning Commission Hearing: Meeting will be held in person
at Fridley Civic Campus located at 7071 University Avenue NE.
How to Participate:1. You may attend the public hearing in person and testify.
2. You may submit a letter in advance of the meeting to Stacy Stromberg,
Planning Manager at the address above or by email at
stacy.stromberg@fridleymn.gov
Questions:Call or Email Stacy Stromberg, Planning Manager at 763-572-3595 or
stacy.stromberg@fridleymn.gov
Mailing date:June9, 2023Publication date:June 9, 2023
*If you require auxiliary aids or services to participate to communicate in the meeting, please contact
Roberta Collins at 763-572-3500 or roberta.collins@fridleymn.govno later than June14, 2023, for the
Planning Commission meeting andJune 30, 2023, for City Council meeting. The TDD # is: 763-572-3534.
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Community Development Department
Public Hearing Notice
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SOURCES
Fridley Engineering and Planning
Special Use Permit Request, SP #23-01
Fridley GIS
Anoka County GIS
Petitioner: Dreamers Daycare
Address: 6425 Hwy 65 N.E.
Map Date:J une 7, 2023
-
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AGENDA REPORT
Meeting Date:June 21, 2023 Meeting Type:Planning Commission
Submitted By:Stacy Stromberg, Planning Manager
Rachel Workin Environmental Planner
Title
Public Hearing for TA #23-01 Proposing Updates to City Code Chapters 205-28 Critical Area District,
205-32 Shoreland Overlay District, and 205-30 Telecommunications Towers and Facilities District to
conform with new Mississippi River Corridor and Critical Area rules
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 which has been designated for special protection
zoning regulations have been developed by the State of Minnesota (State) to protect these resources.
As the local land use authority, the City of Fridley (City) is responsible for implementing these regulations
within its jurisdiction. This is accomplished through a zoning overlay district outlined in City Code
Chapter 205.28 O-2 Critical Area District Regulations.
In 2017, the State approved new rules for the MRCCA that were put forth by the Minnesota Department
of Natural Resources (DNR) following significant input from numerous stakeholders. The DNR then
developed a model ordinance that outlines the minimum standards that communities must adopt to be
compliant with the new rules. Since January 2020, all 30 communities within the MRCCA have been
updating their codes to meet the new MRCCA standards. Due to the extensiveness of these changes in
both substance and formatting, staff recommends repealing and replacing the existing Critical Area
Chapter with the proposed code language. Significant changes to the rules include:
Design and placement requirements for non-building structures(decks, patios, stairways, etc.)
Increased consideration of Public River Corridor Views during variances, special use permits, and
interim use permits
Changes to the definition of bluff
Reductionin the setbackrequirementfrom the Ordinary High Water Line in the Urban Mixed
district from 100 feet to 50 feet
Increasedregulation over vegetation managementwithin primary conservation areas
Increased regulation of subdivisions
These new rules will most impact properties that contain primary conservation areas which include
riparian areas, bluffs, significant existing vegetation stands, and tributaries (Springbrook Creek,
Stonybrook Creek, Oak Glen Creek, and Rice Creek). Example scenarios of how the proposed changes will
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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impact properties along the river are attached to this report. While the majority of the ordinance language
is required by state statute, there are some discretionary provisions in the text amendment that provide
a higher degree of protection than required. These include:
Section Optional Language Justification
205.28.03 ATerm used within chapter
Flyway
204.28.04.02 Adds consideration of impacts on Ensures variances do not harm the
wildlife using the Mississippi Flyway
and public access as a requirement recreational value
when reviewing variances
204.28.04.02 Requires that written findings for Ensures consistency with the
variances evaluate consistency with the underlying plans and determine
MRCCA Plan and underlying MRCCA the merit of the variance
District application
204.28.04.03 Adds consideration of impacts on Ensures special use permits do not
wildlife using the Mississippi Flyway harm
and public access as a requirement recreational value
when reviewing special use permits
204.28.04.03 Requires that written findings for Ensures consistency with the
special use permits evaluate underlying plans and determine
consistency with the MRCCA Plan and the merit of the special use permit
underlying MRCCA District application
204.28.04.04 Requires mitigation of impacts to Offsets negative ecological
primary conservation areas and public impacts occurring during
river corridor views occurring due to discretionary items to preserve the
variances, special use permits, or
interim use permits and provides
example mitigation methods
204.28.04.07 Provides potential mitigation methods Provides direction for mitigation of
for height variances visual impacts due to building
height
205.28.08 Requires lighting to be fully shield and Protects wildlife habitat,
prohibits uplighting within the Shore particularly migratory birds using
Impact Zone the Mississippi Flyway, that are
vulnerable to light pollution as well
as the natural character of the area
205.28.08 Prohibits interfering with the line of Existing code language; minimizes
sight to the river opportunities for conflict and
preserves neighborhood character
205.28.10 Requires that public access provided Modified version of existing code;
on new development where called for allows for strategically increasing
in a city plan river access
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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205.2811 Requires replacement when trees Modified version of existing code
greater than four inches are removed that required replacement when
from primary conservation areas, trees greater than four inches are
except in cases of approved habitat removed anywhere in the MRCCA,
and erosion control plans; adds a date but only during development.
that restorations be approved by; These updates ensure the
establishes a fee in lieu program for maintenance of the canopy and
tree replacement
in strategic areas. Additionally,
since a vegetation restoration plan
as part of the vegetative permit,
this requirement provides
guidance on how to fulfill the
Requires that habitat and erosion Completion of habitat and erosion
control plans be prepared by a control plans should be done by a
professional accepted and approved by professional to minimize the risk of
the City erosion and protect shoreline
stability.
None The model ordinance allows for This provision was not included
structure setback averaging in which since it was considered to be
the setback for a new principal exacerbating nonconformities and
structure can be closer to the river than a lack of consistency in
the MRCCA setback if the average implementation of the rules.
structure setback of the of the
adjoining structures is less than
required.
In addition to the changes in the Critical Area District Chapter, staff are proposing updates to the
Telecommunications Towers and Facilities District Chapter to reference applicable requirements in the
Critical Area District Chapter. Staff are also proposing updates to the Shoreland Overlay District Chapter
to streamline permitting for properties that fall within both the Critical Area District and the Shoreland
Overlay Districts. Currently, residents must reference both chapters when planning a project in areas of
overlapping jurisdictions. Under permitting flexibility allowed by the DNR, staff is proposing to update
the Shoreland Overlay District Chapter to state that residents only need to reference the Critical Area
District Chapter.
The proposed changes were recommended for approval by the Environmental Quality and Energy
Commission at their meeting on May 9, 2023. Notice of the public hearing was sent to property owners
and residents on properties with a primary conservation area. A website has been set up at
FridleyMN.gov/CriticalArea
Financial Impact
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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None
Recommendation
Staff recommend the approval of TA#23-01 Proposing Updates to the City Code Chapters 205-City
Code Chapters 205-28 Critical Area District, 205-32 Shoreland Overlay District, and 205-30
Telecommunications Towers and Facilities District to conform with new Mississippi River Corridor and
Critical Area rules.
The Council is scheduled to review this item at their July 10, 2023 meeting.
Attachments and Other Resources
!Proposed Critical Area District Code
!Summary of Code Changes
!Example Project Scenarios
!Proposed Shoreland Overlay District Code (impacted page only)
!Proposed Telecommunications Overlay District Code (impacted page only)
!Public comments from DNR and Friends of the Mississippi River
!Notice to Residents
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Fridley City Code
Section205.28. O-2 Critical Area District Regulations
205.28.01 Purpose and Intent
The Mississippi River Corridor Critical Area (MRCCA) Chapter is adopted pursuant to the
authorization andpolicies contained in Minnesota Statutes(M.S.)Chapter 116G, Minnesota Rules
Parts 6106.0010 -6106.0180, and the planning and zoning enabling legislation in M.S. Chapters
462and 473.
The Legislature of Minnesota has delegated responsibility to local governments of the state to
regulate the subdivision, use and development of designated critical areas and thus preserve and
enhance the quality of important historic, cultural, aesthetic values, and natural systems and
provide for the wiseuse of these areas.
205.28.02 General Provisions
1. Jurisdiction. The provisions of this Chapter apply to land withinthe O-2 District, which is
land within the river corridor boundary as described in theState Register, volume 43, pages
508 to 519 andshown on theCityzoning map.
2. Severability. If any section, clause, provision, or portion of this Chapteris judged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter
shall not be affected thereby.
3. Abrogation and Greater Restrictions. It is not intended by this Chapter to repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions. However, where thisChapter
imposes greater restrictions, the provisions of this Chaptershall prevail. All otherChapters
inconsistent with thisChapter are hereby repealed to the extent of the inconsistency only.
4. Underlying Zoning. Use and standards of underlying zoning apply except where standards
of this overlay district are more restrictive.
5. Enforcement. The City is responsible for the administration and enforcement of this
Chapter. Any violation of its provisions or failure to comply with any of its requirements
including violations of conditions and safeguards established in connection with grants of
variances or specialuses constitutes a misdemeanor and is punishable as defined by law.
Violations of this Chapter can occur regardless of whether or not a permit is required for a
regulated activity listed in Section 205.28.04.01.
205.28.03Definitions
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Unless specifically defined below, words or phrases used in thisChapter shall be interpreted to
give them the same meaning they have in common usage and to give this Chapterits most
reasonable application. For the purpose of this Chapter,
mandatory and not permissive. All distances, unless otherwise specified, are measured
horizontally.
Access path:An area designated to provide ingress and egress to public waters.
Adjacent: Having a boundary thatphysically touches or adjoins.
Agricultural use:A use having the meaning given under M.S. §40A.02.
Alternative design:Subdivision design methods such as conservation design, transfer of
development density, or similar zoning and site design techniques that protect open space and
natural areas.
Biological and ecological functions:The functions of vegetation in stabilizing soils and slopes,
retaining and filtering runoff, providing habitat, and recharging groundwater.
Bluff:
1.A slope that rises at least 25 feet where the grade of the slope averages 18%or greater,
measured over any horizontal distance of 25 feet, from the toe of the slope to the top of the
slope. Where the slope begins below the ordinary high water level, the ordinary high water
level is the toe of the slope.See Figure 1; or
Figure 1:Bluff
2. 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.
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Figure 2. Natural Escarpment Bluff and Bluff Impact Zone
Bluff impact zone (BIZ): A bluff and land located within 20 feet of the bluff. See Figure 2 for natural
escarpment or cliff example and Figure 3 for more common bluff example.
Figure 3. Bluff Impact Zone,Bluffline, Toe of bluff, and Top of Bluff
Bluffline:A line delineating the top of the bluff. More than one bluffline may be encountered
proceeding landward from the river. See Figure 2 for natural escarpment or cliff example and
Figure 3 for more common bluff example.
Bluff, Toe of: A line along the bottom of a bluff, requiring field verification, such that the slope
above the line exceeds 18 percent and the slope below the line is 18 percent or less, measured
over a horizontal distance of 25 feet. See Figures 2 for natural escarpment or cliff example and
Figure 3 for more common bluff example.
Bluff, Top of:A line along the top of a bluff, requiring field verification, such that the slope below
the line exceeds 18 percent and the slope above the line is 18 percent or less, measured over a
horizontal distance of 25 feet. See Figures 2 for natural escarpment or cliff example and Figure 3
for more common bluff example.
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Buildable area:The area upon which structures may be placed on a lot or parcel of land and
excludes areas needed to meet requirements for setback, rights-of-way, bluff impact zones,
historic properties, wetlands, designated floodways, land below the ordinary high water level of
public waters, and other unbuildable areas.
Building:A structure with two or more outside rigid walls and a fully secured roof and affixed to
a permanent site.
Commissioner: The Commissioner of theMinnesotaDepartment of Natural Resources.
Conservation design:A pattern of subdivision that is characterized by grouping lots within a
portion of a parcel, where the remaining portion of the parcel is permanently protected as open
space.
Conventional subdivision:A pattern of subdivision that is characterized by lots that are spread
regularly throughout a parcel in a lot and block design.
Deck:A horizontal, unenclosed, aboveground level structure open to the sky, with or without
attached railings, seats, trellises, or other features, attached or functionally related to a principal
use or site.
Developer:Having the meaning given under M.S. §116G.03.
Development:Having the meaning given under M.S. §116G.03.
Discretionary action:An action under this Chapter related to land use that requires a public
hearing by local ordinance or statute, such as preliminary plats, final subdivision plats, planned
unit developments, specialuse permits, interim use permits, variances, appeals, and rezonings.
Dock:Having the meaning given under Minnesota RulesChapter 6115.
Electric power facilities: Equipment and associated facilities for generating electric power or
devices for converting wind energy to electrical energy as identified and defined under M.S. §
216E.
Essential services:Underground or overhead gas, electrical, communications, steam, sanitary
sewer, or waterdistribution,treatment,collection, supply, or disposal systems, including storm
water. Essential services include poles, wires, mains, drains, pipes, conduits, cables, fire alarm
boxes, traffic signals, hydrants, navigational structures, aviation safety facilities, lift stations,
stormwater management facilities, or other similar equipment and accessories in conjunction with
the systems. Essential services donot include buildings, treatment works as defined in M.S. §
115.01, electric power facilities or transmission services.
Floodplain: Having the meaning given the meaning given under Minnesota Rules Chapter6120.
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Fully reconstructs:The reconstruction of an existing impervious surface that involves site grading
and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing activities
are not considered fully reconstructed.
Hard-surface trail: A trail surfaced in crushed aggregate, asphalt, or other hard surface, for public
use, as determined by local, regional, or state agency plans.
Historic property: An archaeological site, standing structure, site, district, or other property that is:
1. Listed in the National Register of Historic Places or the State Register of Historic Places or
locally designated as a historic site under Minnesota StatutesChapter 471;
2. Determined to meet the criteria for eligibility to the National Register of Historic Places or
the State Register of Historic Places as determined by the Director of the Minnesota Historical
Society; or
3. An unplatted cemetery that falls under the provisions of Minnesota StatutesChapter 307,
in consultation with the Office of the State Archaeologist.
Impervious surface:A constructed hard surface that either prevents or retards the entry of water
into the soil and causes water to run off the surface in greater quantities and at an increased rate
of flow than prior to development. Examples include rooftops, decks, sidewalks, patios, parking
lots, storage areas, and driveways, including those with concrete, asphalt, or gravel surfaces.
Intensive vegetation clearing:The removal of all or a majority of the trees or shrubs in a contiguous
patch, strip, row, or block.
Interim use: A use having the meaning given under Minnesota StatutesChapters 394and 462.
Land alteration:An activity that exposes the soil or changes the topography, drainage, or cross
section of the land, excluding gardening or similar minor soil disturbances.Also referred to as
Lift: A tram or other accessible means to get up and down steep slopes.
Lot width:The shortest distance between lot lines measured at both the ordinary high water level
and at the required structure setback from the ordinary high water level. See Figure 4.
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Figure 4. Lot Width
Marina:Having the meaning given under Minnesota Rules Chapter 6115.
Mississippi Flyway: A major North American bird migration corridor that encompasses all MRCCA
districts.
MooringFacility: Having the meaning given under Minnesota Rules part 6115.0170.
Native plant community:A plant community identified by the Minnesota Biological Survey or
biological survey issued or adopted by a local, state, or federal agency.
Natural-surface trail:A trail composed of native soil and rock or compacted granular stone,
primarily intended for hiking, equestrian,or mountain bike use, as determined by local, regional,
or state agency plans.
Natural vegetation:Any combination of ground cover, understory, and tree canopy that, while it
may have been altered by human activity,continues to stabilize soils, retain and filter runoff,
provide habitat, and recharge groundwater.
Nonmetallic mining:Construction, reconstruction, repair, relocation, expansion, or removal of any
facility for the extraction, stockpiling, storage, disposal, or reclamation of nonmetallic minerals
such a stone, sand, and gravel. Nonmetallic mining does not include ancillary facilities such as
access roads, bridges, culverts, and water level control structures. For purposes of this subpart,
udes all mine pits, quarries, stockpiles, basins, processing structures and equipment,
and any structures that drain or divert public waters to allow mining.
Off-premise advertising signs:Those signs that direct attention to a product, service, business, or
entertainment venue that is not exclusively related to the premises where the sign is located.
Ordinary high water level (OHWL): Having the meaning given under M.S. §103G.005.
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Parcel: Having the meaning given under M.S. § 116G.03.
Patio:A constructed hard surface located at ground level with no railings and open to the sky.
Picnic shelter:A roofed structure open on all sides, accessory to a recreational use.
Planned Unit Development: A method of land development that merges zoning and subdivision
controls, allowing developers to plan and develop a large area as a single entity, characterized by
a unified site design, a mix of structure types and land uses, and phasing of development over a
number of years. Planned unit development includes any conversion of existing structuresand
land uses that utilize this method of development.
Plat: Having the meaninggiven under M.S. §505and 515B.
Primary conservation areas (PCAs):Key resources and features, including shore impact zones, bluff
impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage
routes, unstable soils and bedrock, native plant communities, cultural and historic properties, and
significant existing vegetative stands, tree canopies, and other resources identified in local
government plans.
Private facilities:Private roads, driveways, and parking areas, private water access and viewing
structures,decks and patios in setback areas, and private signs.
Public facilities:Public utilities, public transportation facilities, and public recreationalfacilities.
Public recreation facilities:Recreational facilities provided by the state or a local government and
dedicated to public use, including parks, scenic overlooks, observation platforms, trails, docks,
fishing piers, picnic shelters, water access ramps, and other similar water-oriented public facilities
used for recreation.
Public river corridor views (PRCVs):Views toward the river from public parkland, historic
properties, and public overlooks, as well as views toward bluffs from the ordinary high water level
of the opposite shore, as seen during the summer months and documented in the MRCCA Chapter
of the comprehensive plan.
Public transportation facilities:All transportation facilities provided by federal, state, or local
government and dedicated to public use, such as roadways, transit facilities, railroads, and
bikeways.
Public utilities:Electric power facilities, essential services, and transmission services.
Public waters: Having the meaning given under M.S. §103G.005.
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Readily visible:Land and development that areeasily seen from the ordinary high waterlevel of
the opposite shore during summer months.
Resource agency:A federal, state, regional, or local agency that engages in environmental, natural,
or cultural resource protection or restoration activities, including planning, implementation, and
monitoring.
Retaining wall:A vertical or nearly vertical structures constructed of mortar and rubble masonry,
rock, or stone , vertical timber pilings, horizontal timber planks with piling supports, sheet pilings,
poured concrete, concrete blocks, or other durable materialsthat in combination exceed four
vertical feet.
Rock riprap:Natural coarse rock placed or constructed to armor shorelines, streambeds, bridge
abutments, pilings and other shoreline structures against scour, or water or ice erosion.
River corridor boundary:The boundary approved and adopted by the Metropolitan Council under
M.S. §116G.06, as approved and adopted by the legislature in M.S. §116G.15, and as legally
described in the State Register, volume 43, pages 508 to 518.
River-dependent use: The use of land for commercial, industrial, or utility purposes, where access
to and use of a public water feature is an integral part of the normal conduct of business and
where the use is dependent on shoreline facilities.
Selective vegetation removal:The removal of isolated individual trees or shrubs that are not in a
contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or
understory cover.
Setback:A separation distance measured horizontally.
Shore impact zone (SIZ):Land located between the ordinary high water level of public waters
and a line parallel to it at a setback of 50%of the required structure setback or, for agricultural
use, 50 feet landward of the ordinary high water level. See Figure 5.
Figure 5. Shore Impact Zone
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Shoreline facilities:Facilities that require a location adjoining public waters for ingress and egress,
loading and unloading, and public water intake and outflow, such as watercraftlifts, marinas,
short-term watercraft mooring facilities for patrons, and water access ramps. Structures that would
be enhanced by a shoreline location, but do not require a location adjoining public waters as part
of their function, are not shoreline facilities, such as restaurants, bait shops, and boat dealerships.
Sign: See definition in the Signs Chapter.
Steep slope:Any slope steeper than 15% fifteen percent (15 feet of rise for every 100 feet
horizontal run).
Storm water managementfacilities:Facilitiesfor the collection, conveyance, treatment, or disposal
of storm water.
Structure:A building, sign, or appurtenance thereto, except for aerial or underground utility lines,
such as sewer, electric, telephone, or gas lines, and utility line towers, poles, and other supporting
appurtenances.
Subsurface sewage treatment system. Having the meaning given under Minnesota RulesPart
7080.1100.
Transmission services: Electrical power lines, cables, pipelines, or conduits that are:
1. Used to transport power between two points, as identified and defined under M.S. §216E.01,
Subd. 4; or
2. For mains or pipelines for gas, liquids, or solids in suspension, used to transport gas, liquids,
or solids in suspension between two points; and
3. Telecommunicationor electriclines, cables, pipelines, or conduits.
Treeline:The more or less continuous line formed by the tops of trees in a wooded area when
viewed from a particular point. The treeline is determined during all seasons as if under full foliage.
Variance: Having the meaning given under M.S. § 394.22.
Water access ramp:A boat ramp, carry-down site, boarding dock, and approach road, or other
access that allows launching and removal of a boat, canoe, or other watercraft with or without a
vehicle and trailer.
Water-oriented accessory structure:A small building or other improvement, except stairways,
fences, docks, and retaining walls, that, because of the relationship of its use to public waters,
needs to be located closer to public waters than the normal structure setback. Examples include
gazebos, screen houses, fish houses, pump houses, and detached decks and patios.
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Water quality impact zone:Land within the shore impact zone or within 50 feet of the OHWL of
the river, whichever is greater, andland within 50 feet of a public water, wetland, or natural
drainage route.
Wetland:Having the meaning given under M.S. §103G.005.
205.28.04Administration
1. Permits. A permit is required for the construction of buildings,building additions, and
structures(including construction of decksand signs), vegetation removal consistent with
Section 205.28.11and land alterationconsistent with Section 205.28.12.
2. Variances. Variances to the requirements under this Chapter mayonly be granted in
accordance with M.S. §462.357and must consider the potential impactsonprimary
conservation areas, public river corridor views, birds and other wildlife using the Mississippi
Flyway through habitat loss, collision threats or light pollution, and other resources identified
in the MRCCA plan. In reviewing the variance application, the followingshallbe considered:
(a) Impacts to theresourceslisted above.Ifnegative impacts are found, require conditions
to mitigate the impacts that are related to and proportional to the impactsconsistent with
Section 205.28.04.04; and
(b) Make written findings that the variance is consistent with the purpose of this Chapter
as follows:
(1)The extent, location and intensity of the variance will be in substantial compliance
with the MRCCA Plan; and
(2)The variance is consistent with the characterand management purpose of the
MRCCA district in which it is located.
3. Specialand interim use permits. All specialand interim uses, required under this Chapter,
must comply with M.S. §462.3595and must consider the potential impacts on primary
conservation areas, public river corridor views, birds and other wildlife using the Mississippi
Flyway through habitat loss, collision threats or light pollution, public access, and other
resources identified in the MRCCA plan. In reviewing the application, the following shallbe
considered:
(a) Impacts to theresourceslisted above. If negative impacts are found, require conditions
to mitigate the impacts that are related to and proportional tothe impactsconsistent with
Section 205.28.04.04; and
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(b) Make written findings that the special and interim use permitis consistent with the
purpose of this Chapteras follows:
(1)The extent, location and intensity of the special or interim use permitwill be in
substantial compliance with the MRCCA Plan; and
(2)The special or interim use permitis consistent with the character and
management purpose of the MRCCA district in which it is located.
4. Mitigationofimpacts. Negative impacts toprimary conservation areas,public river corridor
views,and other resources identified in the MRCCA Planoccurring due to variances, special
use permits, or interim use permits must be mitigated forin a way that is related toand
proportional to theimpacts. Mitigation may include:
(a) Restoration of vegetation;
(b) Implementation of animal habitat support as outlined in the most recent version of the
Minnesota B3 Guidelines;
(c) Increasing and/or improving habitat for pollinators, birds, and other wildlife using
native trees, shrubs, and vegetation;
(d) Expansion of public access;
(e) Preservation of existing vegetation;
(f) Stormwater runoff management;
(g) Reducing impervious surface;
(h) Increasing structure setbacks;
(i) Wetland and drainage route restoration and/or preservation;
(j) Limiting the height of structures;
(k) Modifying structure design to limit visual impacts on public river corridor views; and
(l) Other conservation measures.
5. Application materials. Applications for permits and discretionary actions required under this
Chapter must submit the following information unless the City Manager or their designee
determines that the information is not needed.
(a) A detailedproject description; and
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(b) Scaled maps and plans, dimensional renderings, maintenance agreements, and other
materials that identify and describe:
(1) Primary conservation areas;
(2) Public river corridor views;
(3) Buildable area;
(4) Proposed size, alignment, height, and intended use of any structure to be erected
or located on the site;
(5) A delineation of the locationand amounts of excavated soils to be stored on the
site during construction;
(6) Existing and proposed topography and drainage patterns;
(7) Proposed storm water and erosion and sediment control practices;
(8) Existing and proposed vegetation to be removed and established;
(9) Ordinary high water level, blufflines, and all required setbacks;
(10)Existing and proposed impervious surfacesas well as surfacing to be used; and
(11)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.
6. Nonconformities
(a) All legally established nonconformities as of the date of adoption of this Chaptermay
continue consistent with M.S. §462.357, Subd. 1e.
(b) Site alterations and expansion of site alterations that were legally made prior to the
effective date of this ordinance are conforming. Site alterations include vegetation, erosion
control, storm water control measures, and other nonstructural site improvements.
(c) Legally nonconforming principal structures that do not meet the setback requirements
of Section 205.28.07.03may be expanded laterally provided that:
(1) The expansion does not extend into the shore or bluff impact zone or further into
the required setback than the building line of the existing principal structure (See
Figure 6); and
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(2)
structure and existing surrounding development.
Figure 6. Expansion of Nonconforming Structure
7. Notifications
(a) Amendments to this Chapter and to the MRCCA plan must be submitted to the
Commissioner ofthe Department of Natural Resources (DNR) as provided in Minnesota
RulesPart 6106.0070, Subp. 3, Items B I.
(b) Notice of public hearings for discretionary actions, including specialand interim use
permits, variances, appeals, rezonings, preliminary plats, final subdivision plats, and PUDs,
must be sent to the following entities at least 10days prior to the hearing:
(1) The Commissionerof the DNRin a format prescribed by the DNR;
(2) National Park Service; and
(3) Where building heights exceed the height limits specified in Section 205.28.07.01
as part of the specialuse or variance process, adjoining local governments within the
MRCCA, including those with overlapping jurisdiction and those across the river.
(c) Notice of final decisions for actions in Section 205.28.04.07.B, including findings of fact,
must be sent to the Commissionerof the DNR, the National Park Service, and adjoining
local governments within the MRCCA within ten (10) days of the final decision.
(d) Requests to amend district boundaries must follow the provisions in Minnesota Rules
Part 6106.0100, Subp. 9, Item C.
8. Accommodating disabilities. Reasonable accommodations forramps or other facilities to
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Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota
RulesChapter 1341, must:
(a) Comply with Sections 205.28.07-205.28.14; or
(b) If Sections 205.28.07-205.28.14cannot be complied with, ramps or other facilities are
allowed with aReasonable Accommodation Licenseprovided:
(1) The licenseterminates on either a specific date or upon occurrence of a particular
event related to the person requiring accommodation; and
(2) Upon expiration of the permit, the ramp or other facilities must be removed.
205.28.05MRCCA Districts
1. District description and management purpose.The MRCCA within Fridley isdivided into the
following MRCCA districts:
(a) Rural and Open Space (ROS)
The Rural and Open SpaceDistrict is characterized by rural and low-density development
patterns and land uses andincludes land that is riparian or visible from the river, as well
as large, undeveloped tracts of high ecological and scenic value, floodplain, and
undeveloped islands. Many primary conservation areas exist in the district.
The Rural and Open SpaceDistrict must be managed to sustain and restore the rural and
natural character of the corridor and to protect and enhance habitat, parks and open
space, public river corridor views, and scenic, natural, and historic areas.
(b) River Neighborhood (RN)
The River NeighborhoodDistrict is characterized by primarily residential neighborhoods
that are riparian or readily visiblefrom the river or that abut riparian parkland. The district
includes parks and open space, limited commercial development, marinas, and related
land uses.
The River NeighborhoodDistrict must be managed to maintain the character of the river
corridor within the context of existing residential and related neighborhood development,
and to protect and enhance habitat, parks and open space, public river corridor views, and
scenic, natural, and historic areas. Minimizing erosion and the flow of untreated storm
water into the river and enhancing habitat and shoreline vegetation are priorities in the
district.
(c) Separated from River (SR)
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The Separated from RiverDistrict is characterized by its physical and visual distance from
the Mississippi River. The district includes land separated from the river by distance,
topography, development, or a transportation corridor. The land in this district is not
readily visible from the Mississippi River.
The Separated from Riverdistrict provides flexibility in managing development without
negatively affecting the key resources and features of the river corridor. Minimizing
negative impacts to primary conservation areas and minimizing erosion and flow of
untreated storm water into the Mississippi River are priorities in the district. The SRdistrict
must be managed in a manner that allows continued growth and redevelopment in historic
downtowns and more intensive redevelopment in limited areas at river crossings 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 restoring natural vegetation in riparian areas
and tree canopy are priorities in the district.
2. Urban Mixed (UM)
The Urban MixedDistrict includes large areas of highly urbanized mixed use that are a part of
the urban fabric ofthe river corridor, including institutional, commercial, industrial, and
residential areas and parks and open space.
The Urban MixedDistrict must be managed in a manner that allows for future growth and
potential transition of intensely developed areas that does not negatively affect public river
corridor views and that protects bluffs and floodplains. Restoring and enhancing bluff and
shoreline habitat, 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.
3. MRCCA district map
The locations and boundaries of the MRCCA districts established by this Chapter are shown
on the Critical Area Overlay District Map,which is incorporated herein by reference. The district
boundary lines are intended to follow the centerlines of rivers and streams, highways, streets,
lot lines, and municipal boundaries, unless a boundary line is otherwise indicated on the map.
Where district boundaries cross unsubdivided property, the district boundary line is
determined by use of dimensions or the scale appearing on the map.
205.28.06Special Land Use Provisions
1. Uses excluded. The following uses are excluded from the MRCCA:
(a) Any use that isexcluded within the underlyingzoningdistrict;
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(b) Any barge fleeting or barge loading;
(c) Any solid waste storage use or treatment facilities;
(d) Any mining or extraction uses other than the soil preparation or peat removal necessary
for construction;
(e) The construction of new subsurface sewage treatment systems;
(f) Agricultural useunless perennial ground cover is providedwithin at least 50 feet of the
ordinary high waterlevel and within the bluff impact zone; and
(g) Tree harvesting and biomass harvesting within woodlands, and associated
reforestation, unlessit is conductedconsistent with recommended practices in Conserving
Wooded Areas in Developing Communities: Best Management Practices in Minnesota.
2. River-dependent uses. River-dependent uses must comply with the following design
standards:
(a) Structures and parking areas, except shoreline facilities and private roads and
conveyances serving river-dependent uses as provided in Section 205.28.14, must meet
the dimensional and performance standards in thisChapter,must be designed so that they
are not readily visible, and must be screened by establishing and maintaining natural
vegetation;
(b) Shoreline facilities must comply with Minnesota RulesChapter 6115and must:
(1) Minimize the shoreline area affectedin so far as feasible; and
(2) Minimize the surface area of land occupied in relation to the number of watercrafts
to be served;
(c) Dredging and placement of dredged material are subject to existing federal and state
permit requirements and agreements.
3. Wireless communication towers
(a) Wireless communication towers that existed in the MRCCA prior to the adoption of this
Chapter are considered legally nonconforming.
(b) A new wireless communication towers or the physicalmodificationof an existing
wireless communication towerthat resultsin an increase in the intensity of the
nonconforming use requiresa specialuse permitand issubject to the following design
standards:
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(1) The applicant must demonstrate that functional coverage cannot be provided
through co-location, a towerat a lower height, or a tower at a location outside of the
MRCCA;
(2) Freestandingtowersmust not be located in a bluff or shore impact zone;
(3) Placement of the tower must minimize impactson public river corridor views; and
(4) Comply with the general design standards in Section 205.28.09.01.
205.28.07 Structure Height, Placement, and Lot Size
1. Structure height. Structures and facilities must comply with the following standardsor the
underlying developmentstandard, whichever is lesser,unless identified as exempt in Section
205.28.14. Height is measured on the side of the structure facing the Mississippi River:
(a) River and Open SpaceDistrict: 35 feet.
(b) River NeighborhoodDistrict: 35 feet.
(c) Separated from RiverDistrict: Height is determined by underlying development
standard, provided the allowed height is consistent with that of the mature treeline, where
present, and existing surrounding development, asviewed from the OWHL of the opposite
shore.
(d) Urban MixedDistrict: 65 feet, provided tiering of structures away from the Mississippi
River and from blufflines is given priority, with lower structure heights closer to the river
and blufflines, and thatstructure design and placement minimize interference with public
river corridor views. Structures over 65 feet are allowed as a Special Use according to
Section 205.28.07.02.
2. In addition to the varianceorspecial use requirements of Section 205.28.04.04, criteria for
considering whether to grant a varianceor special use permitfor structures exceeding the
height limits must include:
(a) Assessment of the visual impact of the proposed structure on public river corridor
views, including views from other communities;
(b) Identification and application of techniques to minimize the perceived bulk of the
proposed structure, such as:
(1) Placing the long axis of the building perpendicular to the river;
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(2) Stepping back of portions of the facade;
(3) Lowering the roof pitch or use of a flat roof;
(4) Using building materials or mitigation techniques that will blend in with the natural
surrounds;
(5) Implementation of animal habitat support as outlined in the most recent version of
the Minnesota B3 Guidelines;
(6) Narrowing the profile of upper floors of the building;
(7) Increasing the setbacks of the building from the Mississippi River or blufflines;or
(8) Opportunities for creation orenhancement of public river corridor views.
3. Structure and impervious surface placement.
(a) Structures and impervious surface must not be placed in the shore or bluff impact zones
unless identified as an exemption in Section 205.28.14.
(b) Structures, impervious surfaces,and facilities mustcomply with the following OHWL
setback provisions unless identified as exempt in Section 205.28.14:
(1) Rural and Open SpaceDistrict: 200 feet from the Mississippi River.
(2) River NeighborhoodDistrict: 100 feet from the Mississippi River.
(3) Urban Mixed District: 50 feet from the Mississippi River.
(c) Structures, impervious surfaces,and facilities must comply with the following bluffline
setback provisions unless identified as exempt in Section 205.28.14:
(1) Rural and Open SpaceDistrict: 100 feet.
(2) River NeighborhoodDistrict: 40 feet.
(3) Separated from RiverDistrict: 40 feet.
(4) Urban MixedDistrict: 40 feet.
(5) Oak Glen Creek, Rice Creek, Springbrook Creek, Stonybrook Creek: 50 feet.
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(d) Impervious surface lot coverage mustnot exceed 35% on any lot within the Shoreland
Overlay District except as a variance which shall comply with the following standards:
(1) All structures, additions or expansions shall meet setback and other requirements
of this Code;
(2) The lot shall be served with municipal sewer and water;
(3) The lot shall provide for the collection and treatment of stormwater in compliance
with Stormwater Management and Erosion Control Chapterof the Code; and
(4) Measures shallbe taken forthe treatment of stormwater runoff and/or prevention
of stormwater from directly entering a public water.
4. Lot size and buildable area.
(a) The width of lots abutting the Mississippi River in the ROS District must be at least 200
feet, unless alternative design methods are used that provide greater protection of the
riparian area.
(b) All new lots must have adequate buildable area to comply with the setback
requirements of Sections Section 205.28.07.01and Section 205.28.07.03so as to not
require variances to use the lots for their intended purpose.
205.28.08Performance Standards for Private Facilities
1. General design standards. All private facilities must be developed in accordance with the
vegetation management and land alterationrequirements in Sections 205.28.11and 205.28.12.
2. Private roads, driveways, and parking areas. Except as provided in Section 205.28.14, private
roads, driveways and parking areas must:
(a) Be designed to take advantage of natural vegetation and topography so that they are
not readily visiblefrom the river;
(b) Comply with structureand impervious surfacesetback requirements according to
Section 205.28.07.03; and
(c) Not be placed within the bluff impact zone or shore impact zone, unless exempt under
Section 205.28.14and designed consistent with Section 205.28.09.01.
3. Private water access and viewing facilities.
(a) Private access paths must be no more than:
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(1) Eight feet wide, if placed within the shore impact zone; and
(2) Four feet wide, if placed within the bluff impact zone.
(b) Private water access ramps must:
(1) Comply with Minnesota RulesParts 6115.0210and 6280.0250; and
(2) Be designed and constructed consistent with the applicable standards in the most
current version of the Design Handbook for Recreational Boating and Fishing Facilities.
(c) Design and construction of private stairways, lifts, and landings located above the
OHWL are subject to the following standards:
(1) Stairways and lifts must not exceed four feet in width on residential lots. Wider
stairways may be approvedfor commercial properties and residential facilities held in
common;
(2) Landings for stairways and lifts on residential lots must not exceed 32 square feet
in area. Landings larger than 32 square feet area may be approvedfor commercial
properties and residential facilities held in common;
(3)Canopies or roofs are prohibited on stairways, lifts, or landings;
(4) Stairways, lifts, and landings must be located in the least visible portion of the lot
whenever practical; and
(5) Ramps, lifts, mobility paths, or other facilities for persons with physical disabilities
are allowed for achieving access to shore areas according to Section 205.28.08.3.C1-
4, and as provided under Section 205.28.04.08.
(d) One water-oriented accessory structure is allowed for each riparian lot or parcel less
than 300 feet in width at the ordinary high water level, with one additional water-oriented
accessory structure allowed for each additional 300 feet of shoreline on the same lot or
parcel. Water-oriented accessory structures are prohibited in the bluff impact zone and
must:
(1) Not exceed 12 feet in height;
(2) Not exceed 120 square feet in area; and
(3) Be placed a minimum of 10 feet from the ordinary high water level.
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3. Decks and patios in setback areas. Decks and at-grade patios may encroach into the
required setbacks from the ordinary high water leveland blufflines without a variance, when
consistent with Sections 205.28.11and 205.28.12, provided that:
(a) The encroachment of the deck or patio into the required setback area does not exceed
15%of the required structure setback;
(b) The area of the deck or patio that extends into the required setback area occupies no
more than 25%of the total area between the required setback and the 15%using the
formula:
Required setback depth (feet) x 0.15 x lot widthat setback (feet) x 0.25 = maximum total
area.
(c) The deck or patio does not extend into the bluff impact zone. See Figure 7.
Figure 7. Deck and Patio Encroachment
4. Off-Premise and Directional Signs
(a) Off-premise advertising signs must:
(1) Meet required structure heightand placementstandards in Sections
205.28.07.01 and 205.28.07.03.
(2) Not be readily visiblefrom the river
(b) Directional signs for patrons arriving at a business by watercraft must comply with the
following standards:
(1) They must be consistent with M.S. §86B.115.
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(2) Only convey the location and name of the establishment and the general types of
goods and services available, if located in a shore impact zone.
(3) Be no greater than ten feet in height and 32 square feet in surface area; and
(4) If illuminated, the lighting must be shielded and directed downward to prevent
illumination out across the river or to the sky.
5. Lighting.Within the Shore Impact Zone:
(a) Lighting shall be fully shielded and directed away from the river.
(b) Uplighting is prohibited.
6. 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.
205.28.09Performance Standards for Public Facilities
1.General design standards. All public facilities must be designed and constructed to:
(a) Minimize visibility of the facility from the river to the extent consistent with the purpose
of the facility;
(b) Comply with the structure placement and height standards in Section 205.28.07, except
as provided in Section 205.28.14;
(c) Be consistent with the vegetation management standards in Section 205.28.11and the
land alteration and storm water management standards in Section 205.28.12, including
use of practices identified in Best Practices for Meeting DNR General Public Waters Work
Permit GP 2004-0001, where applicable; and
(d) Avoid primary conservation areas, unless no alternative exists. If no alternative exists,
then disturbance to primary conservation areas must be avoided to the greatest extent
practicable, and design and construction must minimize impacts.
(e) Where feasible, minimize disturbance of spawning and nesting times by scheduling
construction at times when local fish and wildlife are not spawning or nesting in areas
where this activity is known to occur.
2. Right-of-way maintenance standards. Right-of-way maintenance must comply with the
following standards:
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(a) Vegetation currently in a natural state must be maintained to the extent feasible;
(b) Where vegetation in a natural state has been removed, native plants must be planted
and maintained on the right-of-way; and
(c) Chemical control of vegetation must be avoided when practicable, but when chemical
control is necessary, chemicals used must be in accordance with the regulations and other
requirements of all state and federal agenc
3. Crossings of public water or public land. Crossings of public waters or land controlled by
the commissioner are subject to approval by the commissioner according to M.S. §84.415and
103G.245.
4. Public utilities. Public utilities must comply with the following standards:
(a) High-voltage transmission lines, wind energy conversion systems greater than five
megawatts, and pipelines are regulated according to Minnesota StatutesChapter 216E,
216F, and 216Grespectively;
(b) Primary consideration shall be given to underground placement of facilitiesin order to
minimize aesthetic, environmental and public safety aspects. When considering overhead
placement, the developer must show the reasoning that makes underground placement
unfeasible;
(c) Ifundergroundplacement is unfeasible, visibility of thefacilityfrom the rivermust be
minimizedas much as practicable; and
(d) 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.
5. Public transportation facilities. Public transportation facilities shall comply with structure
placement and height standards in Section 205.28.07 except as provided in Section 205.28.14.
Where such facilities intersect or abut two or more MRCCA districts,the least restrictive
standards apply. Public transportation facilities must be designed and constructed to give
priority to:
(a) Providing scenic overlooks for motorists, bicyclists, and pedestrians;
(b) Providing safe pedestrian crossings and facilities along the river corridor;
(c) Providing access to the riverfront in public ownership; and
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(d) Allowing for use of the land between the river and the transportation facility.
6. Public recreational facilities. Public recreational facilities must comply with the following
standards:
(a) Buildings and parking associated with publicrecreational facilities must comply with
the structure placement and height standards in Section 205.28.07, except as provided in
Section 205.28.14;
(b) Roads and driveways associated with public recreational facilities must not be placed
in the bluff or shore impact zones unless no other placement alternative exists. If no
alternative exists, then design and construction must minimize impacts to shoreline
vegetation, erodible soils and slopes, and other sensitive resources;
(c) Trails, access paths, and viewing areas associated with public recreational facilities and
providing access to or views of the Mississippi River are allowedwithin the bluff and shore
impact zones if design, construction, and maintenance methods are consistent with the
best management practice guidelines in Trail Planning, Design, and Development
Guidelines:
(1) Hard-surface trails are not allowed on the face of bluffs with a slope exceeding 30%.
Natural surface trails are allowed, provided they do not exceed eight feet in width.
(2) Trails, paths, and viewing areas must be designed and constructed to minimize:
((a)) Visibility from the river;
((b)) Visual impacts on public river corridor views; and
((c)) Disturbance to and fragmentation of primary conservation areas.
(d) Public water access facilities must comply with the following requirements:
(1) Watercraft access ramps must comply with Minnesota Rules Chapters 6115.0210and
6280.0250; and
(2) Facilities must be designed and constructed consistent with thestandards in the
Design Handbook for Recreational Boating
and Fishing Facilities.
(e) Public signs and kiosks for interpretive or directional purposes are allowed in the bluff
or shore impact zones, provided they are placed and constructed to minimize disturbance
to these areas and avoid visual impacts on public river corridor views; and
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(f) Public stairways, lifts, and landings must be designed as provided in Section
205.28.08.03.C.
205.28.10Public Access
1. Public riveraccessto and along the river shall be provided for any new development that
is adjacent to or part of a city planincluding public access.
2. Public riveraccess shall be provided to the riverfront of developments on publicly owned
and publicly controlled riverfront propertywhere feasible.
205.28.11Vegetation Management
1. Applicability. This section applies to:
(a) Shore impact zones;
(b) Areas within 50 feet of a wetland or natural drainage route;
(c) Bluff impact zones;
(d) Areas of native plant communities; and
(e) Significant existing vegetative stands identified in the MRCCA plan
2. General performance standards for vegetation management. The general performance
standards for vegetation management are as follows:
(a) Development must besited to minimize removal of or disturbance to natural
vegetation;
(b) Soil, slope stability, and hydrologic conditions are suitable for the proposed work as
determined by the City Manageror their designee
(c) Clearing is the minimum necessary and designed to blend with the natural terrain and
minimize visual impacts to public river corridor views;
(d) Vegetation removal activities must beconducted so as to expose the smallest practical
area of soil to erosion for the least possible time;and
(e) Grading must be conductedin 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 of each tree crown Ifthis is not possible, a replacement tree must be provided in
conformance withSection205.28.11.07.
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3. Activities allowed without a permit:
(a) Maintenance of existing lawns, landscaping,and gardens;
(b) Removal of vegetation in emergency situations as determined by the City Manageror
their designee;
(c) Right-of-way maintenance for public facilities meeting the standards Section
205.28.09.02
(d) Agricultural and forestry activities meeting the standards of Sections 205.28.06.01.F and
205.28.06.01.G;
(f) Selective vegetation removalprovided that vegetative cover as viewed from the river
remains consistent with the management purpose of the MRCCA districtand trees are
replaced in conformance with Section 205.28.11.06.
4. Activities allowed with apermit. Only the following intensivevegetation clearing activities
are allowed with a permit, allother forms of intensive vegetation clearing are prohibited:
(a) Clearing of vegetation that is dead, diseased, dying, or hazardous;
(b) Clearing to prevent the spread of diseases or insect pests;
(c) Clearing to remove invasive non-native species;.
(d) Clearing for habitat restoration and erosion control management activities consistent
with an approved plan;
(e) The minimum necessary for development that is allowed with a building permitor as
an exemptionunder Section 205.28.14.
5. Vegetation restoration plan. Development of a vegetation restoration plan and
reestablishment of natural vegetation is requiredin the following circumstances:
(a) For any vegetation removed with a permit under Section 205.28.11.04;
(b) Upon failure to comply with any provisions in this Section; or
(c) As part of the planning process for subdivisions as provided in Section 205.28.13.
6. Vegetation Restoration PlanPerformance Standards. The vegetation restoration plan must
satisfy the application submittal requirements inSection 205.28.04.05, and:
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(a) Vegetation must be restored in one or more of the following restoration priority areas:
(1) Stabilization of erodiblesoilsincludingwith soils showing signs of erosion,
especially on or near the top and bottom of steep slopes and bluffs;
(2) Restoration or enhancement of shoreline vegetationincluding shoreline areas
within 25 feet of the water with no natural vegetation, degraded vegetation, or planted
with turf grass;
(3) Revegetation of bluffs or steep slopes visible from the river;and
(4) Other approved priority opportunity area, including priorities identified in the
MRCCA plan, if none of the above exist.
(b) Include vegetation that provides suitable habitat and effective soil stability, runoff
retention, and infiltration capability. Vegetation species, composition, density, and
diversity must be guided by nearby patches of native plant communities and by Native
Vegetation Establishment and Enhancement Guidelines;
(c) Any highly erodible soils disturbed during removal and/or restoration must be
stabilized with deep-rooted vegetation with a high stem density;
(d) Vegetation removed must be restored with natural vegetation to the greatest extent
practicable. The area (square feet) of the restored vegetation should be similar to that
removed to the greatest extent practicable;
(e) For restoration of removed native plant communities, restored vegetation must also
provide biological and ecological function equivalent to the removed native plant
communities;
(f) Be prepared by a qualified individualexcept for:
(1) Vegetation plans required in response to Section 205.28.11.04.D which must be
prepared by aprofessional ecologist,landscape architect, or person with demonstrable
experience and knowledge related to vegetation management as accepted and
approved by the City; and
(g) Include a maintenance plan that includes management provisions for controlling
invasive species and replacement of plant loss for three years.
7. Tree Removal and Replacement
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(a) Except for tree removal conducted in accordance withSection205.28.04.D withan
approved vegetation restoration plan,any treesover four inches diameter at breast height
thatare removedshall be restoredwith an equal number of treesto that which existed
before cuttingby September 30 of the subsequent year. Ifinsufficient space is available
for tree replanting as determined by the City, a monetary fee may be providedin lieu of
tree replanting.
205.28.12Land Alteration and Stormwater Management
1. Land alteration
(a) Within the bluff impact zone, land alteration is prohibited, except for the following,
which are allowed with a permit:
(1) Erosion control consistent witha plan approved by the City Manageror their
designee;
(2) The minimum necessary that is allowed as an exception under Section 205.28.14;
and
(3) Repair and maintenance of existing buildings and facilities.
(b) Within the water quality impact zone, land alteration that involves more than ten cubic
yards of material or affects an area greater than 1,000 square feet requires apermit.
2. Rock riprap, retaining walls, and other erosion control structures
(a) Construction, repair, or replacement of rock riprap, retaining walls, and other erosion
control structures located at or below the OHWL must comply with Minnesota RulesPart
6115.0215, Subp. 4, item E, and 6115.0216, Subp. 2. Work must not proceed until
necessary approvalsby the Commissioner, the US Army Corps of Engineersas necessary,
and any otherrequiredpermits are obtained. See Figure 8.
Figure . Riprap Guidelines
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(b) Construction or replacement of rock riprap, retaining walls, and other erosion control
structures within the bluff impact zone and the water quality impact zone are allowed with
a permit consistent with provisions of Section 205.28.12.5provided that:
(1)If the project includes work at or below the OHWL, the commissioner has already
approved or permitted the project;
(2) The structures are used only to correct an established erosion problem as
determined by the City Engineer or their designee;
(3) The size and extent of the structures are the minimum necessary to correct the
erosion problem and are not larger than the following, unless a professional engineer
determines that a larger structure is needed to correct the erosion problem:
((a)) Retaining walls must not exceed fourfeet in height;
((b)) Retaining wallsmustbe placed a minimumhorizontal distance of twentyfeet
apart; and
((c)) Riprap must not exceed the height of the regulatory flood protection elevation.
(c) Repair of existing rock riprap, retaining walls, and other erosion control structures
above the OHWL does not require a permit provided it does not involve any land
alteration.
3.Stormwater management.
(a) In the bluffimpact zone, storm water management facilitiesare prohibited,except by
permit if:
(1) There are no alternatives for storm water treatment outside the bluff impact zone
on the subject site;
(2) The site generating runoff is designed so that the amount of runoff reaching the
bluff impact zone is reduced to the greatest extent practicable;
(3) The construction and operation of the facility does not affect slope stability on the
subject property or adjacent properties; and
(4) Mitigation based on the best available engineering and geological practices is
required and applied to eliminate or minimize the risk of slope failure.
(b) In the water quality impact zone, development that creates new impervious surface,
as allowed by exemption in Section 205.28.14, or fully reconstructs existing impervious
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surface of more than 10,000 square feet requires a permit. Multipurpose trails and
sidewalks are exempt if there is down gradient vegetation or a filter strip that is at least
five feet wide.
(c) In all other areas, storm water runoff must be directed away from the bluff impact
zones or unstable areas.
4.Development on steep slopes.
Construction of structures, impervious surfaces, land alteration, vegetation removal, or other
construction activities are allowed on steep slopes if:
(a) The development can be accomplished without increasing erosion or storm water
runoff;
(b) The soil types and geology are suitable for the proposed development; and
(c) Vegetation is managed according to the requirements of Section 205.28.11.
5. Conditions of land alteration permit approvalwithin the Critical Area
(a) Temporaryand permanent erosion and sediment control measures retain sediment
onsite consistent with best management practices in the Minnesota Stormwater Manual;
(b) Natural site topography, soil, and vegetation conditions are used to control runoff and
reduce erosion and sedimentation;
(c) Construction activity is phased when possible;
(d) All erosion and sediment controls are installed before starting any land alteration;
(e) Erosion and sediment controls are maintained during construction to ensure effective
operation;
(f) The proposed work is consistent with the vegetation standards inSection205.28.11;
and
(g) Best management practices for protecting and enhancing ecological and water
resources identified in Best Practices for Meeting DNR General Public Waters Work Permit
GP 2004-0001.
6. Compliance with other plans and programs. All land alterationmust:
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(a) Be consistent with Minnesota StatutesChapter 103B, and local water management
plans completed under Minnesota Rules Chapter 8410;
(b) Meet or exceed the wetland protection standards under Minnesota RulesChapter 8420;
(c) Comply with the Floodplain Management Overlay District Chapter; and,
(d) Comply with the Stormwater Management and Erosion Control Chapter.
205.28.13Subdivisions
1. The design standards in this Section apply to subdivisions, planned unit developments
and master-planned development and redevelopment of land involving ten or more acres
for contiguousparcels that abut the Mississippi River and 20 or more acres for all other
parcelswithin the MRCCA, including smaller individual sites within the thesedevelopments
that are part of a common plan of development that may be constructed at different times.
2. The following activities are exempt from the requirements of this Section:
(a) Minor subdivisions consisting of three or fewer lots;
(b) Minor boundary line corrections;
(c) Resolutions of encroachments;
(d) Additions to existing lots of record;
(e) Placement of essential services; and
(f) Activities involving river-dependent commercial and industrial uses.
3. Project information listed in Section 205.28.04.05must be submitted for all proposed
developments.
4. Design standards.
(a) Primary conservation areas, where they exist, must be set aside and designated as
protected open space in quantities meeting the following as a percentage of total parcel
area:
(1) CA-ROS District: 50%;
(2) CA-RN District: 20%;
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(3) CA-UM: 10%; and
(4) CA-SR District: 10% if the parcel includes native plant communities or provides
feasible connections to a park or trail system, otherwise no requirement.
(b) If the primary conservation areas exceed the amounts specified in Section 205.28.13.04,
then protection of native plant communities and natural vegetation in riparian areas shall
be prioritized.
(c) If primary conservation areas exist but do not have natural vegetation (identified as
restoration priorities in the MRCCA Plan), then a vegetation assessment must be
completed to evaluate the unvegetated primary conservation areas and determine
whether vegetation restoration is needed. If restoration is needed, vegetation must be
restored according to Section 205.28.11.04.
(d) If primary conservation areas do not exist on the parcel and portions of the parcel have
been identified in the MRCCA plan as a restoration area, vegetation must be restored in
the identified areas according to Section 205.28.11.04,and the area must be set aside and
designated as protectedopen space.
(e) Storm water treatment areas or other green infrastructure may be used to meet the
protected open space requirements if the vegetation provides biological and ecological
functions.
(f) Land dedicated under the Subdivision Chapter forpublic river access, parks, or other
open space or public facilities may be counted toward the protected open space
requirement.
(g) Protected open space areas must connect open space, natural areas, and recreational
areas, where present on adjacent parcels, as much as possible to form an interconnected
network.
5.Permanent protection of designated open space
(a) Designated open space areas must be protected through one or more of the following
methods:
(1) Public acquisition by a government entity for conservation purposes;
(2) A permanent conservation easement, as provided in Minnesota StatutesChapter
84C;
(3) A deed restriction; or
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(4) Other arrangements that achieve an equivalent degree of protection.
(b) Permanent protection methods must ensure the long-term management of vegetation
to meet its biological and ecological functions, prohibit structures, and prohibit land
alteration, except as needed to provide public recreational facilities and access to the river.
6. Alternative design standards. Applicantsare encouraged to propose alternative design
methods that achieve better protection or restoration of primary conservation areas.
Methods may include protection and restoration of continuous vegetation, preventing the
fragmentation of vegetation, concentrationof density in exchange for higher levels of open
space protection, or other zoning and site design techniques.
205.28.14Exemptions
1. Applicability
(a) Uses and activities not specifically exempted must comply with this Chapter.Uses and
activities exempted under shore impact zone and bluff impact zone must comply with the
vegetation management and land alteration standards in Sections 205.28.11and
205.28.12.
(b) Uses and activities in this Section are categorized as:
(1) Exempt E. This means that the use or activity is allowed;
(2) Exempt if no alternative -(E). This means that the use or activity is allowed only if
no alternatives exist; and
(3) Not exempt -N. This means that a use or activity is not exempt and must meet the
standards of this Chapter.
2. Use and activity exemptions classification.
(a) General uses and activities.
Use or ActivitySet HeighSIBIApplicable standards with
backst ZZwhich the use or activity
Limitsmust comply
Industrial and utility structures requiring NENNStructure design and
greater height for operational reasons placement must minimize
(such as elevators, refineries and railroad interference with public river
signaling towers)corridor views.
Barns, silos, and farm structuresNENN
Bridges and bridge approach roadwaysEEE(E)Section 205.28.09
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Use or ActivitySet HeighSIBIApplicable standards with
backst ZZwhich the use or activity
Limitsmust comply
Wireless communication towersEENNSection 205.28.06.03
Chimneys, religiousspires, flag poles, NENN
public monuments, and mechanical stacks
and equipment
Historic properties and contributing EEEEExemptions do not apply to
properties in historic districtsadditions or site alterations
(b) Public utilities.
Use or ActivitySet HeighSIBIApplicable standards with
backst ZZwhich the use or activity
Limitsmust comply
Electrical power facilitiesEEE(E)Section 205.28.09
Essential services (other than storm water EEE(E)Section 205.28.09
facilities)
Storm water facilitiesENE(E)Section205.28.12
Wastewater treatmentENENSection 205.28.09
Public transportation facilitiesEN(E)(E)Section 205.28.09
(c) Public recreational facilities.
Use or ActivitySet HeighSIBIApplicable standards with
backst ZZwhich the use or activity
Limitsmust comply
Accessory structures, such as monuments, EE(E)(E)Section 205.28.09; within
flagpoles, light standards, and similar park BIZ, only on slopes
featuresaveraging less than 30%.
Exemptions do not apply to
principal structures.
Picnic shelters and other open-sided EN(E)NSection 205.28.09
structures
Parking lots(E)N(E)(E)Section 205.28.09; within
BIZ, only within 20 feet of
toe of bluff; not on face of
bluff; and must not affect
stability of bluff
Roads and driveways(E)N(E)(E)Section 205.28.09
Natural-surfaced trails, access paths, and ENEESection 205.28.09
viewing areas
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Use or ActivitySet HeighSIBIApplicable standards with
backst ZZwhich the use or activity
Limitsmust comply
Hard-surfaced trails and viewing platformsENE(E)Section 205.28.09; within
BIZ, only on slopes
averaging less than 30%
Water access rampsENE(E)Section 205.28.09
Public signs and kiosks for interpretive or ENE(E)Section 205.28.09
directional purposes
(d)River-dependent uses.
Use or ActivitySet HeighSIBIApplicable standards with
backst ZZwhich the use or activity
Limitsmust comply
Shoreline facilitiesEN(E(E)Section 5.25. Exemptions do
not apply to buildings,
structures, and parking
areas that are not part of a
shoreline facility.River-
dependent commercial,
industrial, and utility
structures are exempt from
height limits only if greater
height is required for
operational reasons.
Private roads and conveyance structures ENE(E)Section 5.25; River-
serving river-dependent usesdependent commercial,
industrial, and utility
structures are exempt from
height limits only if greater
height is required for
operational reasons.
(e) Private residential and commercial water access and use facilities.
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Use or ActivitySet HeighSIBIApplicable standards with
backst ZZwhich the use or activity
Limitsmust comply
Private roads serving 3 or more lots(E)NN(E)Section 205.28.08; in BIZ,
only on slopes averaging
less than 30%. Exemption
does not apply to private
roads serving fewer 3 lots or
to private driveways and
parking areas
Access pathsENEESection 205.28.08
Water access rampsENENSection 205.28.08
Stairways, lifts, and landingsENEESection 205.28.08
Water-oriented accessory structuresENENSection 205.28.08
Patios and decksENNNSection 205.28.08.04
Directional signs for watercraft (private)ENENSection 205.28.08.05;
exemption does not apply
to off-premise advertising
signs
Temporary storage of docks, boats, and ENEN
other equipment during the winter months
Erosion control structures, such as rock ENE(E)Section 205.28.12.2
riprap and retaining walls
Flood control structuresENE(E)Section 205.28.12
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SUMMARY OF MRCCA
CHANGES
The following is a summary of changes to the Critical Area Chapter. Optional changes that are above
the standards of the model ordinance are noted in italics. Comments are included in bold.
Substantive Changes
Section NumberCurrent CodeProposed Changes
205.28.01Describes the Updates the purpose and intent to reference the authorizing
purpose and intent state statute
of the chapter
205.28.02.1205-28.02 describes Adds a reference to the underlying document which defines
the
boundaries
205.28.02.2NoneAdds thatthe remainder of the chapter is not affected if a
portion is found unconstitutional
Adds that a violation of the chapter can occur whether or
not a permit is required
205.28.02.3NoneClarifies that the provisions of this chapter prevail if they are
more restrictive than provisions in other chapters of City
Code
205.28.03205.28.03 Provides The following changes were made to definitions used in this
definitions for terms chapter
used in the codeAdds a
Model Ordinance
Ordinance
Model Ordinance
MRCCA Model Ordinance
based on MRCCA Model Ordinance
ordinance(Note: Our current code establishes a bluff
as having 12% slope vs. 18%).
Adds a defini
area within 20 feet of the bluff
Model Ordinance
Model Ordinance
ed on MRCCA
Model Ordinance
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SUMMARY OF MRCCA
CHANGES
Ordinance
Commissioner
Model Ordinance
Adds a def
MRCCA Model Ordinance
on MRCCA Model Ordinance
Removes the definition for Critical Area
Ordinance
Adds a def
Statue
State Statute
MRCCA Model Ordinance
Ordinance
Add
MRCCA Model Ordinance
Updates the definition of essential services to include
sanitary sewer, stormwater, and communications
services. Clarifies that the services also include collection
supply and disposal systems. Excludes buildings,
treatment works, electric power facilities, or transmission
services.
Statute
MRCCA Model Ordinance
MRCCA Model Ordinance
Adds a definition
MRCCA Model Ordinance
MRCCA Model Ordinance
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SUMMARY OF MRCCA
CHANGES
based on MRCCA Model Ordinance
interim useon MRCCA
Model Ordinance
alteration
Model Ordinance
Adds a definition for lifts
Ordinance
Adds a Mississippi Flywaybased on
recommendations from the Minneapolis Audubon Society
mooringfacility
Model Ordinance
MRCCA Model Ordinance
Adds a d
MRCCA Model Ordinance
MRCCA Model Ordinance
MRCCA Model Ordinance
-premise adve
based on MRCCA Model Ordinance
reference State Statute
parcel
Ordinance
Ordinance
Adds a def
Model Ordinance
planned unit development
on MRCCA Model Ordinance
plat
Ordinance
on MRCCA Model Ordinance
Model Ordinance
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SUMMARY OF MRCCA
CHANGES
on MRCCA Model Ordinance
based on MRCCA Model Ordinance
definition to remove solid waste.
Statute
Model Ordinance
Adds
MRCCA Model Ordinance
Updates the definition for retaining wall to clarify that
the structure is in a vertical or near vertical position and
specify material type
CA
Model Ordinance
State Statute
MRCCA Model Ordinance
based on MRCCA Model Ordinance
Adds a setback
Ordinance
MRCCA Model Ordinance
MRCCA Model Ordinance
schapter.
208.
based on the MRCCA Model Ordinance
Model Ordinance
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SUMMARY OF MRCCA
CHANGES
subsurface sewage treatment
system
Removes the definition for terrace
MRCCA Model Ordinance
MRCCA Model Ordinance
Model Ordinance
variance
Ordinance
based on the
MRCCA Model Ordinance
on the MRCCA Model Ordinance
ference on
State Statute
205.28.04.01205.28.06 specifies Adds permittrigger which create the need for a new permit,
actions that require a removes the explicit exemption for single family homes to
permitsubmit a site plan if needed; however, 205.28.04.05 provides
the discretion to determine that application materials would
not be required.
205.28.04.02NoneRequires that variances consider the impacts on
primary conservation areas, public river corridor views,
mitigate for these potential impacts, and make written
findings that the variance is consistent with the purpose of
the chapter.
Adds consideration of impacts on wildlife using the
MississippiFlyway and public accessas a requirement when
reviewing variances at the recommendation of the
Minneapolis Audubon Chapter
Requires that written findings for the variance
MRCCA Plan
Requires that the variance is consistent with the
character and management purposed of the MRCCA District
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SUMMARY OF MRCCA
CHANGES
205.28.04.03NoneRequires that special use permits consider the impacts
on primary conservation areas, public river corridor
views, mitigate for these potential impacts, and make
written findings that the special use is consistent with
the purpose of the chapter.
Adds consideration of impacts on wildlife using the
Mississippi Flyway and public accessas a requirement
when reviewing variances at the recommendation of the
Minneapolis Audubon Chapter
205.28.04.4None Provides guidance on how negative impacts may be
mitigated
205.28.04.5205.28.07 outlined Adds mapping of primary conservation areas, public river
site plan corridor views as site plan requirements
requirements
205.28.4.6NoneSpecifies treatment of nonconformities including:
Allowing the lateral expansion of legally nonconforming
structures provided that the expansion does not extend
further into the required setback and the expansion is
consistent with the original structure and surrounding
development
205.28.04.7205.28.08.C.4 Expands notification to be for all public hearings to any
requires the DNR discretionary action as well as for final decisions
and EQB to beExpands notification to the DNR and NPS as well as
notified of variance adjoining local governments when the discretionary
requests to setback action is related to building height
requirementsEstablishes provisions to change the MRCCA boundary
Removes notification requirement to the EQB
205.28.04.8NoneAllows for accommodations under the Americans with
Disabilities Act through an administrativepermit
205.28.05NoneDescribes MRCCA districts and management purposes
205.28.06.1205.28.05 specifies Clarifies that soil preparation and peat extraction is only
what uses are allowed as necessary for development
excludedReiterates that new subsurface sewage treatment
systems are not allowed
205.28.06.2NoneRequires river dependent uses to:
Not be readily visible except for those structures listed as
exempt
Be designed in a compact fashion
References state and federal rule with regards to
dredging material
7:
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SUMMARY OF MRCCA
CHANGES
205.28.06.3NoneRequires new or modified wireless communication towers
installed in the MRCCA after approval of this ordinance must
receive a special or interim use permit. The special use
permit requires:
be moved or lowered
Is not located in a bluff impact zone or shore impact
zoneif a freestanding tower
Placement of the tower minimizes public river corridor
views
Complies with design standards for public facilities
205.28.07.01205.28.08.B specifies Caps ROS district building height at 35 feet (this is the
that building height islands, currently zoned P)
would be defined by Caps SR district building height as the underlying zoning
the underlying as long as that is consistent with the mature treeheight
zoning(underlying zoning height ranges up to 65 feet
Caps UM district building height as 65 feet with an
emphasis on tiering away from the riverexcept for with
a Special Use Permit
Specifies conditions for allowing a varianceor special
use forbuilding height
205.28.07.02NoneOutlines criteria on granting variance requests for
building height
Adds potential mitigation measures for height variances.
Measures 3-5 are optional
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SUMMARY OF MRCCA
CHANGES
205.28.07.03205.28.08.C:Prohibits structures and impervious surface in shore
Prohibits structures impact zone (50% of the required structure setback from
and uses within 40 the OHWL) and bluff impact zone (within 20 feet of
feet of a bluffline in bluffline) unless specified for an exemption. While the
all areassetbacks of 40 feet from the bluffline and 100 feet from
Prohibits structures the OHWL are inclusive of these zones, this section has
and uses within different setback requirements
100 feel of the Increases the structure setback to 200 feet in the ROS
OHWLneighborhoods
Increases the setback for structures, impervious surfaces,
and facilities to 200 feet of bluffline in ROS
neighborhood (islands)
Reduces the UM setback to 50 feet
Adds shoreland overlay restriction on impervious surface
coverage
Adds shoreland setbacks for creeks
There is an opportunity to allow for setback averaging
based on adjacent principal structurethat staff is not
recommendedto protect the river.
205.28.07.5NoneRequires lots in the ROS district to be at least 200 feet
Requires all new lots to have adequate buildable area to
comply with the setback requirements without a
variance
205.28.08Did not Requires that design takes advantage of natural
specifically call vegetation and topography for screening purposes
out design Limits access paths to eight feed wide in the SIZ and
standards for four feet wide in the BIZ
private roads, Adds reference to state statute for private water access
driveways, ramps
parking areas, Limits the width of stairways and lifts on residential lots
access to four feet in width and 32 feet in area
paths/ramps, Prohibits canopies onland-basedstairways, lifts, or
accessory landings
structures decks, Allows onewater-oriented accessory structures near the
patios, signs, and water (ex: gazebos) and sets design specifications for
lighting water oriented accessory structures
Allows decks to encroach into OHWL and bluffline
205.28.08.D
setback areas provided they meet certain specifications
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SUMMARY OF MRCCA
CHANGES
contained Did not reference off-premise or directional signage;
preservation of however signs are regulated under the sign code
line of site for all Requires lighting to be fully shielded and prohibits
properties uplighting inthe shore impact zoneorder to preserve dark
skies and minimize impacts to wildlife (this is an optional
requirementrecommended by the Audubon Society)
Limits the line of site requirement to private facilities; line
of site maintenance is optional but included in previous
versions of the code
205.28.09.1Did not provide Requires minimum visibility from the river consistent
specific design with the purpose of the facility
requirements for Requires projects to avoid primary conservation areas
public facilitiesunless no alternatives exist
Requires projects to minimize disturbance of spawning
and nesting times of wildlifewhere feasible when there
is potential for conflict.
205.28.09.2205.28.12 provides Requires vegetationcurrently in a natural state to be
requirement for right maintained to the extent feasible
of way maintenanceLimits the replacement with native plants to only areas in
which native plants have been removed
205.28.09.3Not referenced, but Provides state statute stating that crossing of any land
included in state controlled by the DNR must be approved by DNR
statutecommissioner
205.28.09.4205.28.10.A regulates Adds references to applicable state statute
transmission and
essential services
205-28.09.5205.08.10.B regulates Requires public transportation facilities to meet structure
transportation setbacks unless no alternative exists
facilities
205.28.09.6205.28.08.C.3 Restricts placement of roadways from the BIZ and SIZ
listed public unless no alternative exists
recreational Allows hard surface trails in BIZ and SIZ if following best
facilities as practices
exempt to Requires trails, paths, and viewing areas to minimize
setbacksvisibility and disturbance to primary conservation areas
Allows hard surface trails on slopes between 18-30%.
205.28.09.E.3
Allows natural surface trails on slopes with higher
requires
grades.
structures, trails,
Requires trails and paths to be designed to minimize
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SUMMARY OF MRCCA
CHANGES
and roadways to impacts
be sited to References state statue for public water access facilities
minimize impacts comply with state
for soil Allows public signs and kiosks in the BIZ and SIZ if
compaction and proper guidelines are followed
loss of Sets guidelines for public stairways, lifts and landing.
vegetation cover
205.28.10205.28.11 provides Eliminates requirement that the public access be
requirements for specifically for pedestriansin order to include bicycles
public access Expands requirement from providing right-of-way to
providing physical access
plans.
Changes requirements for where access will not be
provided from specific ins
205.28.11205.28.09 provides Requires a permit and an approved restoration plan for
requirements for intensive vegetation plan withinpriority zones including
vegetative shore impact zones, bluff impact zones, areas within 50
managementfeet of wetland or drainage route, areas of native plant
including a communities, and significant existing vegetative stands
requirement to o Exceptions are provided for maintenance of
existing lawns, right of way maintenance,
removed for selective removal of trees provided that the
developmenttrees are replaced in conformance with the
tree replacement requirement and the view
from the river remains consistent, due to the
importance of maintaining the viewshed from
the river.
Expands replacement requirement for removal of trees
damaged trees) to all tree removals, not just removals
related to the developmentwithin the priority zone.
Removes the requirement for replacement for trees
removed due to development to trees outside of the
priority zones. Removes the exception for removals of
diseased or damaged trees from the replacement
requirement due to the impact of removing all ash trees
from the MRCCA without replacement.
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SUMMARY OF MRCCA
CHANGES
Requires and provides guidelines for the vegetation
restoration plan
o Requires that vegetation restoration plans
prepared in response to habitat or erosion
control be prepared by a qualified or city-
approved individual
Changes the required restoration amount from density to
quantity for clarity
Adds a date that restoration must be completed by
Establishes a fee-in lieu program where tree replacement
is not feasible.
205.28.12.1.A205.28.08 limits Limits land alteration within the bluff impact zone
development within except as allowed by exception
40 feet of the bluff
except by exception
205.28.12.1.B205.28.09.A does not Sets thresholds permits within the water quality impact
specify a minimum zoneat a lower amount than the traditional land
threshold of gradingalteration permit
205.28.12.2205.28.09.C Requires the city engineer or designee determines there
establishes is an erosion control problem prior to permitting
thresholds for Reduces the minimum horizontal distance between
retaining walls and retaining walls to 10 feet
erosion control Requires all riprap be below the regulatory floodline
structures Requires that riprap and retaining walls be sized to the
minimum amount necessary
Explicitly allows repair of retaining walls and riprap
provided there is no land alterationwithout a permit
205.28.12.3Does not provide Includes design restrictions on stormwater management
restrictions on facilities within the bluff impact zone
stormwater Requires permit for impervious surface within the water
management quality impact zone
facilitiesRequires that stormwater run off be directed away from
the bluff impact zone or unstable areas
205.28.12.4205.28.08.D provides Allows development on steep slopes if development can
guidelines for occur without increasing erosion
development on
steep slopes
205.28.12.5NoneProvides requirements for land alteration permit
None205.28.08.E specifies This section was removed due to inability to track and
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SUMMARY OF MRCCA
CHANGES
limits to amount of enforce
gross soil loss
205.28.13NoneProvides design standards for subdivisions
Requires conservation of primary conservation areas
based on district type
Encourages alternative design standards
205.28.14205.28.08.C.3 lists Public safety facilities are considered essential services
Exceptions to which are exempt, except from placement inthe BIZ
setback unless no other options are available
requirements shall Public roadways are no longer listed as exempt from
include public safety height requirements
facilities, public Some public recreational facilities are not exempt from
bridges and the BIZ and SIZ setbacks
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.
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MRCCA Update Example Scenarios
The following are hypothetical examples of how updates to the Critical Area District Chapter
will impact property owners. These examples do not consider existing regulations from the
Shoreland Overlay or Floodplain Overlay that have not been changed.
1) Property A, Hartman Circle Addition and Landscaping Project
The property owner is proposing to build a two story addition on the back of the house.
Additionally, they would like to build a detached patio with steps down to the river and
remove some trees to open up the viewshed. The property is within the River Neighborhood
District.
Component Old Rules New Rules
Addition Height is governed by the Height is limited to 35 feet or the
underlying zoning (30 underlying zoning;
feet); The addition must be setback 100 feet
The addition must be set from the OHWL and 40 feet from the top
back 100 feet from the of the bluff
OHWL and 40 feet from
the top of the bluff
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Detached Patio Setbacks are currently There appears to be a bluff on the
property that will need to be surveyed;
. There is not a The property owner will need to apply
definition provided for for a Critical Area permit.
issue permits for patios, so If the detached patio is a water-oriented
this portion of the project accessory structure, it could be built
would not be regulated. within the shore impact zone since the
-
oriented accessory structure. It would
need to meet the following standards:
o!Not be within the bluff impact zone
o!Not exceed 12 feet in height;
o!Not exceed 120 square feet in area;
and
o!Be placed a minimum of 10 feet from
the ordinary high water level.
Stairs must be less than four feet wide
and cannot be covered.
Vegetation Removal Clear cutting is prohibited; Intensive vegetative removal within a
primary conservation area, such as the
shore impact zone (within 50 feet of the
river) is not allowed except the minimum
required for the installation of the patios
and stairs. If tree removal within a
primary conservation area is needed as
part of the project, a vegetation
restoration plan will be needed as part of
the Critical Area permit.All trees removed
within the shore impact zone or existing
significant vegetative stands will need to
be replaced.
2) Sanitary Sewer Lift Station with freestanding cell tower and free standing sign
A public utility is considering building a sanitary sewer lift station on a riverfront property. They
would also like to lease a portion of the land to host a freestanding cell tower and freestanding,
off premise advertising sign. The property is located within the River Neighborhood district.
Component Old Rules New Rules
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Lift Station Essential services are Essential services are exempt
generally considered exempt from setbacks, shore impact
from the rules; however, this zone restrictions, and bluff
is not clear in the current impact zone restrictions
language where feasible;
Avoid primary conservation
areas where feasible;
Limit impacts on public river
corridor views;
Minimize disturbance of
native vegetation;
Replace disturbed native
vegetation with native
vegetation
Cell Tower The project will need to be in The project will need to be in
a location approved under a location approved under
the Telecommunications the Telecommunications
Chapter and meet relevant Chapter and meet relevant
standards; standards;
Setbacks are currently The applicant will need a
aspecial use permit;
The tower cannot be in a
bluff or shore impact zone;
If a cell tower is interpreted The applicant will need to
to be a use, it will need to be demonstrate that functional
40 feet away from the coverage cannot be provided
bluffline or 100 feet away through co-location, at a
from the river; lower height, or at a location
outside the MRCCA;
Placement must minimize
impacts on public river
corridor views;
Avoid primary conservation
areas where feasible;
Free Standing Sign The Chapter does not cover The sign would need to meet
signs. The sign would need to the design guidelines within
meet the design guidelines the Sign Chapter;
within the Sign Chapter The sign cannot be readily
visible from the river;
The sign will be limited based
on the MRCCA District;
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The sign cannot be placed in
the shore or bluff impact
zone;
The sign must be setback 40
feet from the bluff and 100
feet from the river
Public Access Public pedestrian access shall
Public river access shall be
be provided to the riverfront
provided to the riverfront of
of developments on publicly
developments on publicly
owned and publicly
owned and publicly controlled
controlled riverfront property.
riverfront property where
Access will not be provided
feasible
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.
3. Multi-family building, Anna Ave
The property owner is proposing to demolish and reconstruct the existing multi-family building.
The property is within the Urban Mixed District
8:
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Component Old Rules New Rules
Building The building will need to be The building will need to be
100 feet back from the OHWL 50 feet back from the OHWL
and 40 feet back from the and 40 feet back from the
bluffline; bluffline;
Height will be determined by Height is limited to 65 feet or
the underlying zoning underlying zoning. If the
underlying zoning is higher
than 65 feet, this may be
allowed with a special use
permit if mitigated for.
Public Access Public pedestrian right-of-
Public river access to and
way including river access
along the river shall be
shall be provided for any new
provided for any new
development that is adjacent
development that is adjacent
to or part of an overall plan
to or part of a city plan.
of the city for pedestrian
movement within the district.
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Fridley City Code Chapter 205.32.9.C.
CITY OF FRIDLEY ZONING CODE
CHAPTER 205.32 O-7. SHORELAND OVERLAY DISTRICT
(Ref 1224)
205.32 O-7 SHORELAND OVERLAY DISTRICT
1. PURPOSE AND INTENT
A. The unregulated use of shorelands in the city affects the public health, safety and general welfare
not only by contributing to pollution of public waters, but also by impairing the local tax base.
Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise
use and development of shorelands of public waters.
B. Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and
policies contained in Minn. Stat. Ch. 103F, Minnesota Regulations, Parts 6120.2500 through
6120.3900, and the planning and zoning enabling legislation in Minn. Stat. Ch. 462.
C. Jurisdiction. The provisions of this Code shall apply to shorelands of the public water bodies as
classified in Section 205.32.4.B of this Code except for those properties that are also under the
jurisdiction of the Critical Area Chapter for which only the Critical Area Chapter will apply. A
body of water created by a private user where there was no previous shoreland may, at the
discretion of the governing body, be exempt from this Code.
D. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size,
type and location of structures on lots; the grading and filling of any shoreland area; and the
cutting of shoreland vegetation shall be in full compliance with the terms of this Code and other
applicable regulations.
E. District application. The shoreland overlay district shall be superimposed (overlaid) upon all the
zoning districts as identified in Chapter 205 of this Code as existing or amended by the text and
map of this Code. The regulations and requirements imposed by the shoreland overlay district
shall be in addition to those established by the base zoning district which jointly apply. Under
joint application of the districts, the more restrictive requirements shall apply.
F. Exemption. A structure or use which was lawful before adoption of this Chapter, but which is not
in conformity with the provisions of the shoreland overlay district, may be continued subject to
Section 205.04.3 of this Code.
2. DISTRICT BOUNDARIES
A.!The boundaries of the shoreland permit overlay district within the city consists of the first tier of
riparian lots abutting a protected lake or tributary identified in Section 205.32.4.B of this Code.
The specific boundaries of the shoreland permit overlay district are shown on the official Fridley
Shoreland Overlay District Map in the Fridley Zoning Code.
A.B.!Properties that are also within the jurisdiction of the Critical Area Chapter, shall remained
mapped as part of the Shoreland Overlay District; however, only the provisions of the Critical
Area Chapter shall apply.
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FRIDLEY CITY CODE
SECTION 205.30. O-5 TELECOMMUNICATIONS TOWERS
AND FACILITIES DISTRICT
(Ref Ords 1112, 1114, 1117, 1136, 1302, 1340, 1347, 1350)
205.30.1. PURPOSE AND INTENT
The general purpose of this Section is to create an overlay zone to regulate the placement,
construction, and modification of towers and wireless telecommunications facilities as well as
regulate placement, construction and operation of distributed antenna systems in the public right-
of-way in order to protect the health, safety, and welfare of the public, while at the same time not
unreasonably interfering with the development of the competitive wireless telecommunications
marketplace in the City.
Specifically, the purposes of this Section are:
A. To protect residential areas and land uses from potential adverse impact of towers and
wireless telecommunications facilities;
B. To minimize adverse visual impact of towers and wireless telecommunications facilities
through careful design, siting, landscaping, and innovative camouflaging techniques;
C. To promote and encourage shared use/collection of towers and existing antenna support
structures as a primary option rather than construction of additional single-use Towers in
order to minimize the adverse visual impact of towers and wireless telecommunications
Facilities;
D. To avoid potential damage to property caused by towers and wireless telecommunications
facilities by ensuring that such structures are soundly and carefully designed, constructed,
modified, maintained, located, and removed when no longer used or determined to be
structurally unsound;
E. To ensure that towers and wireless telecommunications facilities are compatible with
surrounding land uses;
F. To facilitate the provision of wireless telecommunications services to the residents and
businesses of the City in a streamlined, orderly, and efficient fashion;
G. To encourage the location of towers in industrial and business districts, rather than residential
areas;
H. To enhance the ability of providers of telecommunication services to provide such services to
the community quickly, effectively, and efficiently;
I.!To identify specific sites within the City where wireless telecommunications facilities may be
located.
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Fridley City Code Chapter 205 (Zoning) Section 205.30.2
J. To serve the growing demand for telecommunications services through placement of
distributed antenna systems (DAS) in the public right-of-way.
205.30.2. DEFINITIONS
The following words, terms, and phrases, when used in this section, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning;
means any building or other structure other than a tower which can
be used for location of wireless telecommunications facilities.
means any Person that applies for a permit for wireless telecommunication facilities
or towers, automatic meter reading devices or small wireless facilities. (Ref Ord 1350)
means the process by which a person submits a request to develop, construct,
build, modify, or erect wireless telecommunication facilities or a tower upon land within the
City, develop, construct, build, modify, or erect an automatic meter reading system within the
City; or develop, construct, build, modify, or erect small wireless facilities within the public
right-of-way. Application includes all written documentation, verbal statements and
representations, in whatever form or forum, made by an applicant to the City concerning such a
request. (Ord 1350)
means a site which has been approved by the City Council as an eligible
location for placement of wireless communication facilities.
means a device which is designed for collecting, storing,
processing, filtering and forwarding utility meter data within the public safety and utility
bandwidth licensed by Federal Communications commission, including any antenna attached to
such device and excluding devices reading and transmitting data from a single utility meter.
means a series f devices which is designed for collecting,
storing, processing, filtering and forwarding utility meter data within the public safety and utility
bandwidth licensed by Federal Communications Commission, including any antenna attached to
such device.
means the City of Fridley, Minnesota.
means to install, mount, maintain, modify, operate, or replace a
small wireless facility on, under, within or adjacent to an existing wireless support structure that
is owned privately or by a local government.
means an electrical engineer licensed by the State of Minnesota.
means a tower or antenna support structure installed or erected prior to
December 18, 1997, and which is not located on an approved site.
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Fridley City Code Chapter 205 (Zoning) Section 205.30.2
means a small wireless facility that is no larger than twenty-four (24)
inches long, fifteen (15) inches wide, and twelve (12) inches high, and whose exterior antenna, if
any, is no longer than eleven (11) inches.
means a county, home rule charter or statutory city, town, or the
Metropolitan Council.
the area within the River Corridor Boundary
and under the jurisdiction of the Critical Area Chapter.
means any Person with fee simple title to any approved site, existing site, site
approved by special use permit, or wireless telecommunications facility.
means a devise which is designed for collecting, storing, processing,
filtering and forwarding utility meter data within the public safety and utility bandwidth licensed
by Federal Communications Commission, including any antenna attached to such device like the
automatic meter reading device, but, which is installed on its own pedestal and not on an existing
public utility structure.
is any natural person, firm, partnership, association, corporation, company, or other
legal entity, private or public, whether for profit or not for profit.
is all equipment necessary for processing of traffic received
from terrestrial distributions prior to transmission via satellite and of traffic received from the
satellite prior to transfer of channels of communication to terrestrial distribution systems.
means (1) a wireless facility that meets both of the following
qualifications: (i)each antenna is located inside an enclosure of no more than six (6) cubic feet in
volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed
elements could fit within an enclosure of no more than six (6) cubic feet; and (ii) all other
wireless equipment associated with the small wireless facility, excluding electric meters,
concealment elements, telecommunications demarcation boxes, batter backup power systems,
grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable
runs for the connection of power and other services, and any equipment concealed from public
view within or behind an existing structure or concealment, is in aggregate no more than twenty-
eight (28) cubic feet in volume; or (2) a micro wireless facility.
means the State of Minnesota.
means a structural engineer licensed by the State of Minnesota.
-of- means a person owning or controlling a facility in the
public right-of-way, or seeking to own or control a facility in the public right-of-way that is used
or is intended to be used for providing wireless service, or transporting telecommunication or
other voice or data information. A cable communication system defined and regulated under
Minn. Stat. Chapter 238, and telecommunications activities related to providing natural gas or
electric energy services whether provided by a public utility as defined in Minn. Stat. §216B.02,
a municipality, a municipal gas or power agency organized under Minn. Stat. Chapters 453 or
453A, or a cooperative electric association organized under Minn. Stat. Chapter 308A, are not
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telecommunications right-of-way users for the purposes of this Chapter and Minn. Stat.
§237.163, except to the extent these entities are offering wireless services.
means to stop the running of a relevant time period, such as a review period.
Means a self-supporting monopole structure constructed from grade which supports
wireless telecommunications amateur radio
Lattice or guyed structures are prohibited.
means a pole that is used in whole or in part to facilitate telecommunications or
electric service.
means a facility used to transport communications data by wire
from a wireless facility to a communications network.
means equipment at a fixed location that enables the provision of wireless
services between user equipment and a wireless service network, including: (1) equipment
associated with wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless of technological
configuration; and (3) a smal
following: wireless support structures, wireless backhaul facilities; or coaxial or fiber-optic
cables between utility poles or wireless support structures or that are not otherwise immediately
adjacent to or directly associated with a specific antenna.
means any service using licensed or unlicensed wireless spectrum, including
the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided
using wireless facilities. Wireless service does not include services regulated under Title VI of
the Communications Act of 1934, as amended, including a cable service under United States
Code, title 47, section 522, clause (6).
means a new or existing structure in a public right-of-way
designed to support or capable of supporting small wireless facilities, as reasonably determined
by a local government unit.
means any cables, wires, lines, wave guides,
antennas, and any other equipment or facilities associated with the transmission or reception of
communications (other than radio or television broadcast communications) which a person seeks
to locate or have installed upon or near a tower or an antenna support structure. However, the
term wireless telecommunications facilities shall not include:
A. Any satellite earth station antenna two meters in diameter or less which is located in an
area zoned industrial or commercial;
B. Any satellite earth station reception antenna one meter or less in diameter, regardless of
zoning category;
C. Automatic meter reading systems; and
D. Small wireless facilities.
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Fridley City Code Chapter 205 (Zoning) Section 205.30.5.D.
205.30.3. NON-CONFORMING USES
A. Existing sites shall be considered a legal non-confirming use, unless otherwise provided for
in this Chapter.
B. Installation of additional wireless telecommunications facilities beyond those in existence on
December 18, 1997, on existing sites is prohibited. Failure to comply with this provision will
be considered a violation of this Chapter and subject to the penalties described herein.
Routine maintenance of wireless telecommunications facilities on Existing Sites is permitted,
except that existing sites and any wireless telecommunications facilities installed on existing
sites may not increase in size, height, weight, or otherwise result in an increase in the
intensity of the non-conforming use.
C. If any wireless telecommunications facilities in an existing site are abandoned for a period of
one year, such existing site shall lose is legal conforming status and shall be considered an
illegal nonconforming use. The abandoned wireless telecommunications facilities shall not
be re-established on the site, and must be removed within twelve (12) months of the cessation
of operations. If not removed, the city may remove the facility and assess the costs of
removal against the Owner(s), according to the procedures established in Chapter 128 of the
City Code.
205.30.4. DISTRICT BOUNDARIES FOR OVERLAY ZONE
A Telecommunications Towers and Facilities District, 0-5, is created and shall apply to all land
within the City subject to the provisions and use requirements contained in this Section.
205.30.5. USES PERMITTED
A. The construction of towers and the installation, operation and maintenance of wireless
telecommunications facilities shall be permitted use in the approved sites identified on
Appendix A to this Ordinance, subject to the provisions of this Chapter. Additional approved
sites may be approved by the City Council, subject to the amendment procedures set forth in
Section 205.05.04 of the City code, and the requirements of this section.
B. All principal, special use, and accessory uses allowed in each underlying primary zoning
district are permitted in the telecommunications towers and facilities district, except that no
towers shall be constructed, and no wireless telecommunications facilities shall be placed on
towers or antenna support structures, except as provided for in this Chapter.
C. Special Uses.
(1). The construction of towers and the installation, operation, and maintenance of wireless
telecommunications facilities shall be a special use in Zoning districts M-1, M-2, M-3,
and M-4, and any abutting railroad rights-of-way.
(2) The construction of towers and the installation, operation, and maintenance of wireless
telecommunications facilities shall be an interim use in the Critical Area Overlay
District and subject to jurisdiction of the Critical Area Chapter.
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D. Automatic Meter Reading System Performance Standards. All automatic meter reading
systems must meet the following performance standards:
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Fridley City Code Chapter 205 (Zoning) Section 205.30.5.E(6)
(1) All automatic meter reading devices located in the public right-of-way, must obtain an
automatic meter reading device permit and pay the appropriate permit fee, as provided for
in Chapter 407 and Chapter 11 of the City Code. This permit requirement does not apply
to individual meters or mobile automatic reading devices.
(2) Mapping information for the site(s) must be provided with the automatic meter reading
device permit application in a fo
Geographic Information System (GIS).
(3) All automatic meter reading device(s) must be located no higher than the top of a public
utility structure and no closer to grade than fifteen (15) feet.
(4) Automatic meter reading devices not installed on a public utility structure will be
considered as pad mount design. Its location shall be subject to review and approval of
the City prior to automatic meter reading device permit application.
(5) All automatic meter reading devices must be the same color as the public utility structure
on which they are located or as approved by City Staff.
E. Small Wireless Facilities in the Public Right of Way Performance Standards in Underlying
Non-Residential Districts. All small wireless facility operators and small wireless facilities
are permitted uses in all non-residential underlying zoning districts within the public right-of-
way and shall meet the following criteria and performance standards:
(1)!The small wireless facility shall only be located on a utility pole or wireless support
structure, excluding stop lights.
a.!The utility pole or wireless support structure accommodating the small wireless
facility shall not exceed fifty (50) feet in height.
(2)!The City may prohibit small wireless facility attachment to decorative public utility
structures.
(3)!There shall be no interference with public safety communication or with the original use
of the utility pole.
(4)!The small wireless facility shall not block light emanating from the utility pole.
(5)!If the small wireless facility is to be attached to a City-owned utility pole or wireless
support structure, the applicant shall pay a rental fee to the City
standard Collocation Agreement.
(6)!The small wireless facility shall, to the greatest extent possible match the utility pole or
wireless support structure in color, material and design and the small wireless facility
design shall, to the greatest extent possible minimize exposed cables, wires and other
attachment hardware.
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Fridley City Code Chapter 205 (Zoning) Section 205.30.5.E(18)
(7)!The small wireless facility shall not extend above the top of the existing utility pole by
more than ten (10) feet and the maximum height of the existing utility pole or wireless
support structure shall be fifty (50) feet.
(8)!The small wireless facility shall be no larger than six (6) cubic feet.
(9)!The small wireless facility shall not extend outward from the utility structure by more
than three (3) feet.
(10)!Unless otherwise agreed in a franchise or other agreement between the right-of-way user
and the city, small wireless facilities in the right-of-way must be located or relocated and
maintained underground in accordance and compliance with any requirements set forth in
the right-of-way permit and City Code Chapter 407, Rights of Way Management.
(11)!The small wireless facility applicant shall provide evidence that the utility pole or
wireless support structure has adequate structural capacity to carry the additional
equipment proposed.
(12)!The small wireless facility applicant must agree that the small wireless facility or any
component of the small wireless facility equipment shall be removed and relocated in
compliance with any requirements set forth in the right-of-way permit and City Code
Chapter 407, Rights of Way Management, if the City or road authority for the public
right-of-way in which it is located requires removal or and relocation of the utility pole
for a public project.
(13)!The small wireless facility applicant shall submit in writing to the City, written approval
from the utility pole or wireless support structure owner, if not the City, for which the
small wireless facility will be attached to.
(14)!The small wireless facility applicant shall obtain any and all permits and approvals from
road authority for the public right-of-way in which its small wireless facility is located.
(15)!The small wireless facility applicant must be a telecommunications right-of-way user as
defined in Minn. Stat. § 237.162, Subd. 4.
(16)!The small wireless facility applicant shall obtain a right-of-
engineering department and comply with any requirements set forth in the right-of-way
permit and City Code Chapter 407, Rights of Way Management.
(17)!A small wireless structure shall be at least nine hundred (900) feet in distance from any
other small wireless structure.
(18)!All small wireless structures and small wireless facilities shall be installed two (2) feet
from the edge of any trail, sidewalk, or pedestrian way so as not to obstruct or impede the
trail, sidewalk or pedestrian way.
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Fridley City Code Chapter 205 (Zoning) Section 205.30.5.F(10)
(19)!The small wireless facility shall be at least twelve (12) feet above the ground.
(20)!The small wireless facility applicant shall comply with all applicable local, state, and
federal ordinances, statutes and regulations.
F. Small Wireless Facility Performance Standards in the Public Right of Way in Underlying
Residential Districts. All small wireless facility operators and small wireless facilities are
special uses in all underlying residential districts within the public right-of-way and shall
meet the following criteria and performance standards:
(1) The small wireless facility shall only be located on a utility pole or wireless support
structure, excluding stop lights.
a.!The utility pole or wireless support structure accommodating the small wireless
facility shall not exceed fifty (50) feet in height.
(2) The City may prohibit small wireless facility attachment to decorative public utility
structures.
(3) There shall be no interference with public safety communication or with the original use
of the utility pole.
(4) The small wireless facility shall not block light emanating from the utility pole.
(5) If the small wireless facility is to be attached to a City-owned utility pole or wireless
standard Collocation Agreement.
(6) The small wireless facility shall, to the greatest extent possible match the utility pole or
wireless support structure in color, material and design and the small wireless facility
design shall, to the greatest extent possible minimize exposed cables, wires and other
attachment hardware.
(7) The small wireless facility shall not extend above the top of the existing utility pole by
more than ten (10) feet and the maximum height of the utility pole or wireless support
structure shall be fifty (50) feet.
(8) The small wireless facility shall be no larger than six (6) cubic feet.
(9) The small wireless facility shall not extend outward from the utility structure by more
than three (3) feet.
(10) Unless otherwise agreed in a franchise or other agreement between the right-of-way user
and the city, small wireless facilities in the right-of-way must be located or relocated and
maintained underground in accordance and compliance with any requirements set forth in
the right-of-way permit and City Code Chapter 407, Rights of Way Management.
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Fridley City Code Chapter 205 (Zoning) Section 205.30.6
(11) The small wireless facility applicant shall provide evidence that the utility pole or
wireless support structure has adequate structural capacity to carry the additional
equipment proposed.
(12) The small wireless facility applicant must agree that the small wireless facility or any
component of the small wireless facility equipment shall be removed and relocated in
compliance with any requirements set forth in the right-of-way permit and City Code
Chapter 407, Rights of Way Management, if the City or road authority for the public
right-of-way in which it is located requires removal or and relocation of the utility pole
for a public project.
(13) The small wireless facility applicant shall submit in writing to the City, written approval
from the utility pole or wireless support structure owner, if not the City, for which the
small wireless facility will be attached to.
(14) The small wireless facility applicant shall obtain any and all permits and approvals from
road authority for the public right-of-way in which its small wireless facility is located.
(15) The small wireless facility applicant must be a telecommunications right-of-way user as
defined in Minn. Stat. § 237.162, Subd. 4.
(16) The small wireless facility applicant shall obtain a right-of-
engineering department and comply with any requirements set forth in the right-of-way
permit and City Code Chapter 407, Rights of Way Management.
(17) A small wireless structure shall be at least nine hundred (900) feet in distance from any
other small wireless structure.
(18) All small wireless structures and small wireless facilities shall be installed two (2) feet
from the edge of any trail, sidewalk, or pedestrian way so as not to obstruct or impede the
trail, sidewalk or pedestrian way.
(19) The small wireless facility shall be at least twelve (12) feet above the ground.
way.
(21) The small wireless facility applicant shall comply with all applicable local, state, and
federal ordinances, statutes and regulations.
205.30.6. CRITERIA FOR ADDING APPROVED SITES TO APPENDIX A
Additional approved sites, other than those provided in Appendix A to this Ordinance, shall be
approved by the City Council according to the amendment procedures of Section 205.05.04 of
the City code. The criteria used to determine whether a site shall be designated as an approved
site shall include, but not be limited to, the following requirements:
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Fridley City Code Chapter 205 (Zoning) Section 205.30.6.N
A. Whether the proposed new site is capable of being developed to support more than two
operating wireless telecommunications facilities comparable to the others in weight, size, and
surface area.
B. Whether the proposed new site poses a risk of explosion, fire, or other danger due to its
proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane,
gasoline, natural gas, or corrosive or other dangerous chemicals; and
C. Whether the proposed new site is necessary and that useable approved sites are not located
within a one-half (1/2) mile radius of the proposed new site; and
D. Whether all foreseeable telecommunications uses of the proposed site could comply with any
separation and buffer requirements of the underlying zoning district;
E. Whether all foreseeable telecommunications uses of the proposed new site could comply
with the setback requirements of the underlying zoning district; and
F. Whether the proposed site is accessible for service vehicles;
G. If applicable, whether the proposed site has been designed and certified by a structural
engineer to be structurally sound and, at minimum, in conformance with the Building and
Electric Codes adopted by the City, the National Electric Safety Code, and any other
standards and requirements outlined in this Section.
H. If applicable, whether the approved site complies with all applicable Federal Aviation
Administration lighting and painting regulations.
I. towers, antenna support
structures, and wireless telecommunications facilities be designed to blend into the
surrounding environment.
J. Whether the proposed site has adequate open space to allow wireless telecommunications
facilities to be installed without detrimentally impacting landscape, displacing parking, or
impeding sight lines of a current or future principal use.
K. Whether the p
meet the needs of the wireless telecommunications industry.
L. Whether the proposed site has amenities such as trees that will allow screening and sight line
relief. If no, whether the combination of site size and other site features help to provide sight
line relief.
M. Whether there are other structures near the proposed site that can serve as visual distractions
such as high power transmission structures, highway shoring, billboards.
N. Whether there are existing buildings or natural topographic features that meet the height
requirements of wireless telecommunications facilities without a tower structure, or which
allow for a lower overall height of any necessary Tower.
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Fridley City Code Chapter 205 (Zoning) Section 205.30.7.A(8)
O. Whether there is adequate space on the proposed site so that the base of any necessary Tower
can accommodate essential equipment.
P. Whether the proposed site is outside of any underlying residential zoning districts.
Q. Whether housed equipment can be placed on top or on the side of a structure that currently
exists in the proposed site.
R. If within the Mississippi Corridor Critical Area, whether the site can comply with the Critical
Area Chapter.
205.30.7. APPLICATION FOR PLACEMENT OF TOWERS OR WIRELESS
TELECOMMUNICATIONS FACILITIES ON APPROVED SITES IN THE CITY.
A. All persons seeking to install, operate and maintain towers wireless telecommunications
facilities in approved sites in the city must file a telecommunication site permit application
with the City which shall include:
(1) The names, address, and telephone number of the Applicant; and
(2) Written, technical evidence from a qualified and licensed structural engineer that the
proposed tower or antenna support structure is capable of supporting the equipment
necessary to install, operate, and maintain the proposed antenna. The engineer shall also
certify the capability of the tower to provide adequate structural support considering
existing or other proposed antenna installations. The engineer shall also assess and state
the design safety margin of the entire antenna support system. The engineer shall state
that within the limits of engineering certainty, if the structure would fall or collapse for
any reason or due to any event, the structure will be completely contained within the area
identified; and
(3) If proposed on a City-owned site, a completed application form for lease approval as
provided by the City; and
(4) A report from a qualified and licensed professional engineer which described the height
and design of the proposed wireless telecommunications facility including a cross-section
and elevation; and
(5) A scalable site plan drawn at an engineering scale showing the location of the wireless
telecommunications facility in relation to surrounding structures; and
(6) If located on a water tower, a written report addressing the requirements contained herein
for water towers; and
(7) Foundation, cross-section, and building plans for installation of the wireless
telecommunications facility; and
(8) An application fee as required by Chapter 11; and
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Fridley City Code Chapter 205 (Zoning) Section 205.30.8.D
(9) The application shall also contain an affirmative statement indicating that the applicant
agrees to comply with the provisions in Section 205.30.25. regarding abandonment; and
(10) No new or existing wireless telecommunications service will interfere with public safety
telecommunications. Before the introduction of new service or before implementing any
change in existing service, all wireless telecommunications service providers shall notify
the City at least ten (10) calendar days in advance of such changes and allow the City to
monitor interference levels during the testing process; and
(11) Application for a building permit from the City pursuant to Chapter 206 of the code; and
(12) A statement as to whether the proposed development of an approved Site is capable of
being developed to support more than two (2) operating wireless telecommunications
facilities comparable to the others in weight, size, and surface area; and
(13) Written, technical evidence from an independent consulting engineer licensed to
practice geological engineering in the State of Minnesota confirming that the soil at the
location of the tower or wireless telecommunication facility is capable of supporting the
proposed antenna arrays, equipment, and personnel performing typical work functions;
and
(14) A landscaping plan showing location of materials, height at planting, types of materials,
and installation practices.
B. All persons seeking to install, operate, and maintain towers or wireless telecommunications
facilities in M-1, M-2, M-3, or M-4 Zoning Districts as a special use permit shall submit the
information required in 205.30.07.A, except items (3) and (11).
205.30.8. APPLICATION FOR AN AUTOMATIC METER READING DEVICE IN THE
CITY
All persons seeking to install, operate and maintain automatic meter reading systems in the City
must file an application with the City, which shall include:
A.!The name, address and telephone number of the applicant and property owner; and
B.!Written, technical evidence from a qualified Structural Engineer that the integrity of the
structure on which a proposed automatic reading devise(s) will be attached and the
attachment devise itself will not jeopardize the structural integrity of the public utility
structure; and
C.!A location plan matching the public utility structure identification (address) and the
appropriate automatic meter reading device; and
D.!An individual automatic meter reading device permit fee as required by Chapter 11; and
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Fridley City Code Chapter 205 (Zoning) Section 205.30.9.A(9)
E.!The application shall contain an affirmative statement indicating that the applicant agrees to
comply with the provisions in section 205.30.25. regarding abandonment; and
F.!No automatic meter reading system will interfere with public safety telecommunications.
Before the introduction of new service or before implementing any change in existing
service, all automatic meter reading system operators shall notify the City at least ten (10)
calendar days in advance of such changes and allow the City to monitor interference levels
during the testing process.
205.30.9. APPLICATION FOR PLACEMENT OF SMALL WIRELESS FACILITIES IN
THE RIGHT-OF-WAY
A.!All persons seeking to install, operate and maintain small wireless facilities within the right-
of-way within the City must file a right-of-way permit application with the City that, in
addition to any other requirements set forth in City Code Chapter 407, includes:
(1)!The names, address, and telephone number of the right-of-way permit applicant; and
(2)!Written technical evidence from a qualified and licensed structural engineer that the
proposed small wireless facilities utility pole or wireless support structure is capable of
supporting the equipment necessary to install, operate and maintain the small wireless
facility. The engineer shall also certify the capability of the utility pole or wireless
support structure to provide the adequate support needed considering the existing or other
proposed equipment installations. The engineer shall also assess and state the design
safety margin of the entire utility pole or wireless support structure and small wireless
facility. The engineer shall state that within the limits of engineering certainty, if the
utility pole or wireless support structure would fall or collapse for any reason due to any
event, the utility pole or wireless support structure will be completely contained within
the area identified; and
(3)!A completed right-of-way permit application form as provided by the City; and
(4)!A report from a qualified and licensed professional engineer which described the height
and design of the proposed small cell wireless facility including a cross-section and
elevation; and
(5)!A scalable site plan drawn at an engineering scale showing the location of the small
wireless facility in relation to the surrounding structures; and
(6)!Foundation, cross-section, and building plans for installation of the small wireless
facility; and
(7)!A right-of-way application and fee as required by Chapter 11; and
(8)!A building permit application and fee pursuant to Chapter 206;
(9)!An escrow fee as set forth in Chapter 11 to be held and utilized in the event the small
wireless facility is abandoned without removal by the applicant and
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Fridley City Code Chapter 205 (Zoning) Section 205.30.9.B(1)b(ii)
(10)!The right-of-way application shall contain an affirmative statement indicating that the
applicant agrees to comply with the provisions of 205.30.5.E for small wireless facility
performance standards and 206.30.25 for abandonment.
(11)!Written, technical evidence from an independent consulting engineer licensed to
practice geological engineering in the State of Minnesota confirming that the soil at the
location of the small wireless facility is capable of supporting the utility pole or wireless
support structure to which the small wireless facility will be attached.
(12)!Documentation that the small wireless facility applicant has applied for and obtained
any licenses and approvals that are required by federal and state agencies.
B.!Action on Small Wireless Facility Permit Applications.
(1)!Approval or Denial. The city shall approve or deny a small wireless facility permit
application within ninety (90) days after filing of such application. The small wireless
facility permit, and any associated building permit application, shall be deemed approved
if the city fails to approve or deny the application within the review periods established in
this section.
a. Consolidated Applications. An applicant may file a consolidated small wireless
facility permit application addressing the proposed collocation of up to fifteen (15)
small wireless facilities, or a greater number if agreed to by the city, provided that all
small wireless facilities in the application:
i.!Are located within a two (2) mile radius;
ii.!Consist of substantially similar equipment; and
iii.!Are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the city may approve
some small wireless facilities sites and deny others, but may not use denial of one or
more permits as a basis to deny all small wireless facilities in the application.
b.!Tolling of Deadline. The ninety (90) day deadline for action on a small wireless
facility permit application may be tolled if:
i.!The city receives applications from one or more applicants seeking approval of
permits for more than thirty (30) small wireless facilities within a seven (7) day
period. In such case, the city may extend the deadline for all such applications by
thirty (30) days by informing the affected applicants in writing of such extension.
ii.!The applicant fails to submit all required documents or information and the city
provides written notice of incompleteness to the applicant within thirty (30) days
of receipt of the application. Upon submission of additional documents or
information, the city shall have ten (10) days to notify the applicant in writing of
any missing information.
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Fridley City Code Chapter 205 (Zoning) Section 205.30.11
iii.!The city and a small wireless facility applicant agree in writing to toll the review
period.
(2)!Scope of Approval. An approval of a small wireless facility permit under this section
authorizes the installation, placement, maintenance, or operation of a small wireless
facility to provide wireless service and shall not be construed to confer authorization to
(1) provide any service other than a wireless service, or (2) install, place, maintain, or
operate a wireline backhaul facility in the right-of-way.
(3)!Denial. Any denial of a right-of-way or small wireless facility permit must be made in
writing and must document the basis for the denial. The city must notify the applicant in
writing within three (3) business days of the decision to deny the permit. If a permit
application is denied, the applicant may cure the deficiencies identified by the city and
resubmit its application. If applicant user resubmits the application within thirty (30)
days of receiving written notice of the denial, no additional filing or processing fee shall
be imposed. The city must approve or deny the revised application within thirty (30)
days after the revised application is submitted.
205.30.10. APPLICATION PROCESS
A. Upon submission of an application on an approved site, for an antenna meter reading system,
or small wireless facility, the City shall notify the applicant in writing to confirm if the
application is complete addressing all of the requirements as required by this Section. If the
application is incomplete, the letter will specify what information is missing and the
applicant must then submit a new application. If an application is submitted on an approved
site which is owned by the City, a lease agreement must be approved by the City Council.
The City shall comply with the time deadlines for agency action as dictated in Minnesota
State Statutes. Construction or installation on approved sites may begin upon approval of the
lease agreement, if necessary, and issuance of a building permit. Construction or installation
on an automated meter reading system or small wireless facility may begin upon approval of
the application and issuance of any required permits and execution of any required
Collocation Agreement.
B. If a small wireless facility, tower or wireless telecommunications facility is approved by a
special use permit, the applicant must also apply for and receive a building permit.
205.30.11. TOWER HEIGHT
Tower height shall be measured from the average adjoining grade to the highest point of
construction of any tower or wireless telecommunications facilities. Towers are exempt from the
maximum height restrictions of the districts where located. Towers shall be permitted to a height
of one hundred twenty-five (125) feet. An additional twenty-five (25) feet of tower height shall
be permitted for a total height of one hundred fifty (150) feet, if all of the following criteria can
be met:
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Fridley City Code Chapter 205 (Zoning) Section 205.30.15
A. The tower exists within a lineal dimension of two hundred fifty (250) feet of any one of the
following structures that exceed the height of one hundred fifty (150) feet. These structures
include: buildings, power lines, and train/rail yard fixtures such as light fixtures,
B. Tower can meet or exceed any local, state, of federal regulations relative to tower fall
distance.
C. All permits required to replace or expand an existing tower be reviewed and approved by the
City prior to alteration.
205.30.12. STEALTH DESIGN AND EXTERIOR FINISHES
All approved sites, towers, and wireless telecommunications, and small wireless facilities shall
be designed to blend into the surrounding environment. Monopoles with antenna arrays shall be
finished so as to be compatible with other buildings or structures in the area, and shall be
finished with a non-corrosive material. Wireless telecommunications facilities placed on water
towers shall be finished with a non-corrosive material to match the color of the water tower.
205.30.13. ILLUMINATION
Towers shall not be artificially illuminated except as required by the Federal Aviation
205.30.14. LANDSCAPING AND SCREENING
All sites shall include appropriate landscaping as required herein and shall comply with all
landscaping requirements of the underlying zoning district. Accessory above-ground equipment
must utilize existing buildings or structures, if possible. If no existing structures are available,
the owner of the wireless telecommunications facilities may construct such a structure. At
minimum, all ground equipment shall be fully screened from public rights-of-way or residential
property by existing structures, a brick decorative wall, or a solid one hundred percent (100%)
opaque vegetative enclosure, six feet in height at planting.
205.30.15. SECURITY
All towers must be reasonably posted and secured to protect against trespass. Chain link fences
may be used to protect towers and wireless telecommunications facilities. Barbed or razor wire
is prohibited. All facilities shall be designed to discourage unauthorized climbing on the
structure.
All small wireless structures shall be designed in a manner so that the structure from ground
level to twelve (12) feet prevents unauthorized climbing on the structure.
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Fridley City Code Chapter 205 (Zoning) Section 205.30.19
205.30.16. INSTALLATION REQUIREMENTS ON WATER TOWERS AND IN CITY
Installation of wireless telecommunication facilities on water towers will be permitted when the
city is fully satisfied that the following requirements are met:
A. The wireless telecommunications facility will not increase the risks of contamination to the
B. There is sufficient room on the structure and/or in the grounds to accommodate the wireless
telecommunication facility.
C. The presence of the wireless telecommunication facility will not increase the water tower or
reservoir maintenance costs to the City.
D. The presence of the wireless communication facility will not be harmful to the health of
workers maintaining the water tower or reservoir.
E. All state and federal regulations pertaining to non-ionizing radiation and other health hazards
has been satisfied.
205.30.17. BUILDING PERMIT REQUIRED
A building permit is required for installation of any tower, wireless telecommunications facility,
or small wireless structure. The completed installation, including all associated buildings, shall
comply with all applicable building codes including but not limited to the most currently adopted
version of the N.F.P.A. 70 National Electrical Code, TIA/EIA 222 Structural Standards for steel
antenna towers, and others as may be determined by the Building Official.
205.30.18. SETBACKS
The tower or wireless communications facility shall be located in rear or side yard areas and
shall be set back at least ten (10) feet from side or rear lot lines.
205.30.19. SIGNS
Signs no larger than four (4) square feet in size and attached to a structure are the only permitted
signage associated with the tower or wireless telecommunications facility.
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Fridley City Code Chapter 205 (Zoning) Section 205.30.21.D
205.30.20. CERTIFICATIONS AND INSPECTIONS
A. All towers and wireless telecommunications facilities shall be periodically reviewed by the
City to be structurally sound and in conformance with the requirements of the City Code, this
Chapter, any conditions of approval placed on a special use permit and all other construction
sites may
be inspected for compliance with this Section at any time if the City believes there are
questions regarding compliance with the City Code, this Section, any conditions of approval
and all other federal, state and local laws.
B. The City and its agents shall have authority to enter onto any approved site, existing site, or
site approved by special use permit between the inspections and certifications required
above, to inspect the site for the purpose of determining whether the sites comply with the
State Building and Electrical Codes, the National Electric Safety Code and all other
C. The City reserves the right to conduct such inspections at any time, upon reasonable notice to
the owner(s). All expenses related to such inspections by the City shall be borne by the site
owner(s).
205.30.21. MAINTENANCE
A. Ordinary and reasonable care of towers, wireless telecommunications facilities, automatic
meter reading systems/devices, and small wireless facilities shall be employed at all times.
All towers, wireless telecommunications facilities, automatic meter reading systems, and
small wireless facilities shall at all times be kept and maintained in good condition, order and
repair so that the same shall not menace or endanger the life or property of any person.
B. Owners shall install and maintain towers, wireless telecommunications facilities, automatic
meter reading systems/devices, and small wireless facilities in compliance with the
requirements of the National Electric Safety Code and all FCC, State and local regulations,
and in such manner that will not interfere with the use of other property.
C. All maintenance or construction on towers, wireless telecommunications facilities, automatic
meter reading systems/devices, or small wireless facilities shall be performed by qualified
maintenance and construction personnel.
D. All owners of wireless telecommunications facilities, automatic meter reading
systems/devices, and small wireless facilities shall maintain compliance with current radio
frequency emission standards of the FCC. In order to provide information to its citizens,
copies of all FCC information concerning wireless telecommunications facilities, automatic
meter reading systems/devices, and small wireless facilities shall be made available to the
City and updated annually.
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Fridley City Code Chapter 205 (Zoning) Section 205.30.24
E. In the event the use of a tower, a public utility structure, a wireless telecommunications
facility, an automatic meter reading system/device, or small wireless facilities is discontinued
by the owner of the wireless telecommunications facility, automatic meter reading system, or
small wireless facilities, or in the event an owner files notice to the FCC of its interest to
cease operating the owner shall provide written notice to the City of its intent to discontinue
use and the date when the use shall be discontinued.
205.30.22. PRIORITY FOR USE
Priority for use of the installation, maintenance and operation of towers and wireless
telecommunications facilities will be given to the following entitles in descending order:
A. City of Fridley.
B. Public safety agencies, including law enforcement, fire, and ambulance services, which are
not part of the City of Fridley and private entities with a public safety agreement with the
City of Fridley.
C. Other governmental agencies, for uses which are not related to public safety.
D. Entities providing licensed commercial wireless telecommunication services including
cellular, public and personal communication services (PCS), and similar services that are
marketed to the general public.
205.30.23. CO-LOCATION
Towers shall be designed to support more than two (2) wireless telecommunications facilities.
Wireless support structures shall be designated to support more than one (1) small wireless
facility.
205.30.24. FEES
The applicant shall pay the fees listed in Chapter 11 for processing a request to install, operate,
and maintain a tower, public utility structure, pad mount device, a wireless telecommunications
facility, an automatic meter reading system and/or devices, or small wireless facility in the City.
If deemed as necessary due to the nature of the application, the applicant shall also be required to
reimburse the City for its cost to retain a consultant to review the requested application.
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Fridley City Code Chapter 205 (Zoning) Section 205.30.29
205.30.25. ABANDONMENT
If any site for which approval to install, maintain, and operate a tower, or a public utility
structure, or wireless telecommunications facilities, automatic meter reading systems or small
wireless facilities has been granted by the City shall cease to be used for a period of three
hundred sixty-five (365) consecutive days, the City shall notify the wireless telecommunications
facility operator, automatic meter reading device operator, the small wireless facility operator
and the owner of the property, that said site or system has been deemed abandoned. Upon a
finding of abandonment by the City, the tower, public utility structure, wireless
telecommunications facilities, automatic meter reading system, or small wireless facilities must
be removed or an annual user fee shall be paid to the City. If it is determined that the abandoned
tower, public utility structure, wireless telecommunications facility, automatic meter reading
system or small wireless facilities cannot be removed in a reasonable time period by the owner or
operator, the City shall assess all costs related to the removal to the owner(s) or operator(s),
according to the procedures established in Chapter 128 of the City Code.
205.30.26. NO RECOURSE
No Recourse against the City. Every permit issued to an applicant for construction, installation,
maintenance, or operation of a wireless telecommunications facility, automated meter reading
system/device or small wireless facilities shall provide that, without limiting such immunities as
the City of other persons may have under applicable law, an applicant/permit holder shall have
no monetary recourse whatsoever against the City of its elected officials, boards, commissions,
agents, employees or volunteers for any loss, costs, expense or damage arising out of any
provision or requirements of this Ordinance or because of the enforcement or lack of
permit, a lease, or other applicable law, unless the same shall be caused by criminal acts or by
willful gross negligence. Nothing herein shall be construed as a waiver of sovereign immunity.
205.30.27. DATA PRACTICES
All documentation submitted pursuant to this Chapter by an applicant shall be subject to and
governed by the Minnesota Government Data Practices Act.
205.30.28. SEVERABILITY
If any clause, section, or other part of this Section shall be held invalid or unconstitutional by any
court of competent jurisdiction, the remainder of this Section shall not be affected thereby, but
shall remain in full force and effect.
205.30.29. VIOLATION
Any person who shall violate any of the provisions of this Section shall be guilty of a
misdemeanor and subject to the provisions of Chapter 901 of the Fridley City Code.
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June 8, 2023
Rachel Workin
Environmental Planner
City of Fridley
7071 University Ave. NE
Fridley, MN 55432
Re: Conditional Approval of MRCCA and Shoreland Ordinances
Dear Ms. Workin:
Thank you for sending your proposed Mississippi River Corridor Critical Area (MRCCA) ordinance
(received May 10, 2023 as well as June 5, 2023 with additional content) and the proposed changes to
your shoreland ordinance (received April 24,2023) to address administrative overlap between the two
sets of regulations.
We have found that the MRCCA ordinance is substantially consistent with Minnesota Statutes, §116G
and Minnesota Rules, chapter 6106 and that the Shoreland ordinance is substantially consistent with
Minnesota Rules, chapters 6120.2500 to 6120.3900. I am pleased to inform you that the proposed
MRCCA and Shoreland ordinances are hereby approved, provided all of the conditions of approval in this
letter are met. The City may now adopt the ordinances. Minnesota Rules 6106.0070 Subp.3.G. require
local governments to adopt the MRCCA ordinance within 60-days of DNR approval.
Conditions of Approval
The following conditions must be met before the DNR will issue final approval:
1. Please submit the MRCCA administrative checklist (attached) and related documents.
Next Steps
Following are the steps for completing and receiving final DNR approval for your ordinances:
1.!Address the item under conditions of approval.
2.!The City Council adopts the ordinances.
3.!Email TWO completed Ordinance Processing Checklists (attached), one each for the MRCCA and
shoreland ordinance adoptions AND the MRCCA administrative checklist (attached) and the
documents identified on the two checklists within 10 days of City Council adoption to:
a.!Wes Saunders-Pearce, Area Hydrologist
b.!Ordinance.review.dnr@state.mn.us
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4.!We will review the two ordinances adopted by the City Council for consistency with the
ordinances that received conditional approval. We will also send a copy of the MRCCA ordinance
to the National Park Service and the Metropolitan Council as required by rule.
5.!If the adopted ordinances are consistent, I will send Under
Minnesota Statutes, §116G Subd. 8 (e), only ordinances receiving final approval from the
commissioner have the force and effect of law.
A MRCCA ordinance is an important land use regulation that helps to protect surface water quality, near
shore habitat, and scenic character of the MRCCA. We appreciate your efforts to protect these resources
for all present and future Minnesotans. Wes Saunders-Pearce is available to assist with ordinance
technical guidance and to consult with you on other land and water-related projects.
Sincerely,
Megan Moore,
EWR Central Region south District Manager
Attachments:
Proposed MRCCA Ordinance with DNR Comments
Proposed Shoreland Ordinance
Ordinance Processing Checklist
MRCCA Administrative Checklist
c: Wes Saunders-Pearce, DNR Area Hydrologist
Raya Esmaeili, Metropolitan Council
Adam Muilenburg, National Park Service
Ordinance.review.dnr@state.mn.us
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Fridley Civic Campus
7071 University Ave N.E. Fridley, MN 55432
763-571-3450 | FAX: 763-571-1287 | FridleyMN.gov
PUBLIC HEARING NOTICE
Dear Fridley Property Owner,
The City of Fridley (City) is proposing changes to the City Code regulating the Mississippi River
Corridor Critical Area (MRCCA). The MRCCA is a stretch of land along the river that has been
granted special protection by the State of Minnesota (the State) due to the natural,
cultural, and scenic value. Additional local zoning regulations specific to the MRCCA have been
in place since 1973 to support this designation. In 2017, the State adopted updated rules to
guide development in the MRCCA. The City is now in the process of aligning the Critical Area
Overlay District chapter of City Code for consistency with these new rules, and public hearings
have been scheduled in front of the Planning Commission and City Council.
You are receiving notice of these hearings because your property has been identified to likely
primary conservation a. Future projects on properties with a primary conservation
area may be impacted by these rules or need a Critical Area permit before proceeding.
Additional information is available at FridleyMN.gov/CriticalArea.
Date of Hearings: Planning Commission Meeting, Wednesday, June 21, 2023 at 7:00 p.m.
The Planning Commission meeting is televised live the night of the
meeting on Channel 17.
City Council Meeting, Monday, July 10, 2023 at 7:00 p.m.
The Council meeting is televised live the night of the meeting on Channel
17.
Location of Planning Commission and City Council Meeting Hearings: Meetings will be held in
person at Fridley Civic Campus located at 7071 University Avenue NE.
How to Participate: 1. You may attend the public hearing in person and testify.
2. You may submit a letter in advance of the meeting to Rachel Workin,
Environmental Planner at the address above or by email at
rachel.workin@fridleymn.gov
Mailing date: June 9, 2023 Publication date: June 9, 2023
*If you require auxiliary aids or services to participate to communicate in the meeting, please contact
Roberta Collins at 763-572-3500 or roberta.collins@fridleymn.gov no later than June 14, 2023 for the
Planning Commission meeting and June 30, 2023 for the City Council meeting. The TDD # is: 763-572-
3534.
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Mississippi River Corridor Critical Area (MRCCA) Rule Changes
Proposed changes to the Critical Area Overlay District Chapter of City Code may require you to
obtain a Critical Area permit prior to performing work on your property. If a primary
conservation area exists on your property, the following projects will need to be permitted by
the City:
!Construction or replacement of structures and additions including buildings, building
additions, decks, patios, gazebos or access paths to the river
!Vegetation clearing within a primary conservation area
!Land alteration within the bluff impact zone or water quality impact zone including
construction or replacement of rock riprap, retaining walls, and other erosion control
structures
The proposed City Code and information on permit requirements including setbacks, standards,
and vegetation management can be found at FridleyMN.gov/CriticalArea. Permit application
materials will become available following the adoption of the new City Code. Projects completed
prior to the adoption of the new City Code do not need to obtain a Critical Area permit but
most follow current Critical Area rules.
Primary Conservation Areas
Primary conservation areas are natural and cultural resources identified in the 2017 MRCCA
Rules. A map of primary conservation areas can be found at FridleyMN.gov/CriticalArea. These
include:
o!Bluff: A natural feature with an average slope exceeding 18% with a height over 25 feet
over a distance of 25 feet
o!Bluff Impact Zone: Area within 20 feet of the top of a bluff
o!Shore Impact Zones: Area within 50% of the required structure setback from the river
equaling 25 feet- 50 feet from the ordinary high water line of the river depending on the
MRCCA district. This includes properties directly along the river.
o!Natural Drainage Route: Properties directly along Springbrook Creek, Stonybrook Creek,
Oak Glen Creek, or Rice Creek
o!Significant Existing Vegetation Stands: Largely intact and connected plant communities
along the river or natural drainage routes. This includes vegetated areas adjacent to the
river and Riverview Heights Park.
Questions?
Please contact Rachel Workin, Environmental Planner at Rachel.Workin@FridleyMN.gov or
763-572-3594.
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CURRENT RESIDENT MAERTENS JOSEPH D & IRENE MCURRENT RESIDENT
100 TALMADGE WAY NE1113 GUAVA ISLE115 GLEN CREEK RD NE
FRIDLEY MN 55432 FT LAUDERDALE FL 33315 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
12 TALMADGE WAY NE120 TALMADGE WAY NE130 TALMADGE WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTKING AARON
133 STONYBROOK WAY NE136 RIVER EDGE WAY NE139 GLEN CREED RD NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
140 RIVER EDGE WAY NE140 TALMADGE WAY NE144 RIVER EDGE WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
144 TALMADGE WAY NE 148 RIVER EDGE WAY NE 148 TALMADGE WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
149 HARTMAN CIR NE 150 TALMADGE WAY NE 151 GLEN CREEK RD NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
153 HARTMAN CIR NE 155 STONYBROOK WAY NE 157 HARTMAN CIR NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
159 LOGAN PKWY NE 160 CRAIGBROOK WAY NE 160 TALMADGE WAY NE
FRIDLEY MN 55432 FRIDLEYMN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
161 HARTMAN CIR NE 165 HARTMAN CIR NE 165 STONYBROOK WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
168 TALMADGE WAY NE 169 HARTMAN CIR NE 170 CRAIGBROOK WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
21:
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CURRENT RESIDENT IH2 PROPERTY ILLINOIS LP CURRENT RESIDENT
170 TALMADGE WAY NE1717 MAIN ST STE 2000173 HARTMAN CIR NE
FRIDLEY MN 55432 DALLAS TX 75201 FRIDLEY MN 55432
CURRENT RESIDENT BERGLIN, PETER CURRENT RESIDENT
175 LOGAN PKWY NE175 LOGAN PKY NE177 HARTMAN CIR NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
180 TALMADGE WAY NE181 HARTMAN CIR NE185 HARTMAN CIR NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT BOELTER PHILLIPCURRENT RESIDENT
187 STONYBROOK WAY NE189 LOGAN PKWY189 LOGAN PKWY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT ST PAUL BRD OF WATER COMM CURRENT RESIDENT
190 CRAIGBROOK WAY NE 1900 RICE ST 191 HARTMAN CIR NE
FRIDLEY MN 55432 ST PAUL MN 55113 FRIDLEY MN 55432
ANOKA, COUNTY OF CURRENT RESIDENTCURRENT RESIDENT
193 HARTMAN CIR NE 200 CHARLES ST NE 200 LOGAN PKWY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT ANOKA COUNTY OF CURRENT RESIDENT
210 CRAIGBROOK WAY NE 2100 3RD AVE 211 LOGAN PKWY NE
FRIDLEY MN 55432 ANOKA MN 55303 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
211 STONYBROOK WAY NE 219 LOGAN PKWY NE 230 CRAIGBROOK WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT NELSEN MARC & SANDRA MCURRENT RESIDENT
235 LOGAN PKWY NE 235 LOGAN PKY NE 24 TALMADGE WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTST PAUL BRD OF WATER COMM
245 STONYBROOK WAY NE 25 37TH AVE NE 25 W 4TH ST
FRIDLEY MN 55432 FRIDLEY MN 55421 ST PAUL MN 55102
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CURRENT RESIDENT RIVERWOOD RENTALS LLC CURRENT RESIDENT
250 CRAIGBROOK WAY NE2505 SILVER LN265 STONYBROOK WAY NE
FRIDLEY MN 55432 MINNEAPOLIS MN 55421 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
270 CRAIGBROOK WAY NE289 STONYBROOK WAY NE290 CRAIGBROOK WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
JOHNSON, DAVID C CURRENT RESIDENTCURRENT RESIDENT
2916 SILVER LAKE CRT309 LOGAN PKWY NE310 62ND WAY NE
ST ANTHONY MN 55421 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT ANOKA COUNTY OF MINNEAPOLIS CITY OF
323 LOGAN PKWY NE325 EAST MAIN ST350 S 5TH ST
FRIDLEY MN 55432 ANOKA MN 55303 MINNEAPOLIS MN 55415
MINNEAPOLIS CITY OF HOME SFR BORROWER LLC CURRENT RESIDENT
350 SOUTH 5TH ST RM 203 3505 KOGER BLVD STE 400 36 TALMADGE WAY NE
MINNEAPOLIS MN 55415 DULUTH GA 33096 FRIDLEY MN 55432
METROPOLITAN COUNCILCURRENT RESIDENTCURRENT RESIDENT
390 ROBERT ST N 440 ELY ST NE 450 LIBERTY ST NE
SAINT PAUL MN 55101 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
4500 MARSHALL ST NE 465 LIBERTY ST NE 467 LONGFELLOW ST NE
FRIDLEY MN 55421 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
468 LONGFELLOW ST NE 470 ELY ST NE 479 79TH WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
48 TALMADGE WAY NE 500 DOVER ST NE 501 79TH WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT MAST PROPERTIES LLCCURRENT RESIDENT
5100 EAST RIVER RD NE 514 2ND ST SE STE 200 514 DOVER ST NE
FRIDLEY MN 55421 MINNEAPOLIS MN 55414 FRIDLEY MN 55432
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CURRENT RESIDENT CURRENT RESIDENTBALAFAS, DINO K
520 DOVER ST NE530 DOVER ST NE5316 BLAKE ROAD SOUTH
FRIDLEY MN 55432 FRIDLEY MN 55432 EDINA MN 55436
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
540 DOVER ST NE540 ELY ST NE541 DOVER ST NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
555 79TH WAY NE567 ELY ST NE5680 EAST RIVER RD NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTSTORLA, RICHARD A
5760 EAST RIVER RD NE580 FAIRMONT ST NE5837 ARTHUR ST NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
5860 EAST RIVER RD NE 590 FAIRMONT ST NE 591 DOVER ST NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTIND SCHOOL DISTRICT #14
5980 ANNA AVE NE 60 TALMADGE WAY NE 6000 W MOORE LAKE DR
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
6080 EAST RIVER RD NE 6200 RIVERVIEW TER NE 6210 RIVERVIEW TER NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
6230 RIVERVIEW TER NE 6250 RIVERVIEW TER NE 6270 RIVERVIEW TER NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
6290 RIVERVIEW TER NE 6300 RIVERVIEW TER NE 6320 RIVERVIEW TER NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
6336 RIVERVIEW TER NE 6350 RIVERVIEW TER NE 6416 RIVERVIEW TER NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
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6418 RIVERVIEW TER NE6434 RIVERVIEW TER NE6438 RIVERVIEW TER NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
6454 RIVERVIEW TER NE6470 RIVERVIEW TER NE6482 RIVERVIEW TER NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTFREYINGER RIVERROAD PROPERTIES
6490 RIVERVIEW TER NE6492 RIVERVIEW TER NE6540 E RIVER RD
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEYMN 55432
FREYINGER RIVERROAD PROPERTIES CURRENT RESIDENTPETERSON RALF M
6540 E RIVER RD NE6540 EAST RIVER RD NE6652 E RIVER RD NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTLILLION, RYAN
6652 EAST RIVER RD NE 6666 EAST RIVER RD NE 6668 E RIVER RD NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTFRIDLEY CITY OF
6668 EAST RIVER RD NE 6900 EAST RIVER RD NE 7071 UNIVERSITY AVE NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7100 RIVERVIEW TER NE 7110 RIVERVIEW TER NE 7120 RIVERVIEW TER NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7130 RIVERVIEW TER NE 7132 RIVERVIEW TER NE 7138 RIVERVIEW TER NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7144 RIVERVIEW TER NE 7154 RIVERVIEW TER NE 7158 RIVERVIEW TER NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTBERG, MARGARET T M
7162 RIVERVIEW TER NE 7170 RIVERVIEW TER NE 7170 RIVERVIEW TERR
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
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CURRENT RESIDENT CURRENT RESIDENTWEGLER DONALD E JR
7180 RIVERVIEW TER NE7190 RIVERVIEW TER NE7356 E RIVER RD NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7356 EAST RIVER RD NE7504 ALDEN WAY NE7514 ALDEN WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7516 ALDEN WAY NE7524 ALDEN WAY NE7534 ALDEN WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7540 ALDEN WAY NE7544 ALDEN WAY NE7548 ALDEN WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7580 ALDEN WAY NE 7598 ALDEN WAY NE 7610 ALDEN WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTRASMUSSEN TRUSTEE, BELVA H
7650 ALDEN WAY NE 7680 ALDEN WAY NE 77 BROADWAY ST NE
FRIDLEY MN 55432 FRIDLEY MN 55432 MINNEAPOLIS MN 55413
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7736 ALDEN WAY NE 7776 ALDEN WAY NE 7806 ALDEN WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7812 ALDEN WAY NE 7818 ALDEN WAY NE 7824 ALDEN WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7830 ALDEN WAY NE 7836 ALDEN WAY NE 7842 ALDEN WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7846 ALDEN WAY NE 7854 ALDEN WAY NE 7860 ALDEN WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
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CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7866 ALDEN WAY NE7868 ALDEN WAY NE7874 ALDEN WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7880 ALDEN WAY NE7886 ALDEN WAY NE7892 ALDEN WAY NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT CURRENT RESIDENTCURRENT RESIDENT
7898 ALDEN WAY NE7951 BROAD AVE NE7981 BROAD AVE NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT ZHANAY, JASMINE CURRENT RESIDENT
7995 BROAD AVE NE8020 E RIVER RD NE8020 EAST RIVER RD NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
CURRENT RESIDENT BREYFOGLE THOMAS JCURRENT RESIDENT
8051 BROAD AVE NE 8081 BROAD AVE 8081 BROAD AVE NE
FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432
FREYINGER RIVERROAD PROPERTIES CURRENT RESIDENTANOKA COUNTY
8100 12TH AVE S STE 200 8320 BROAD AVE NE ATTN PARKS DEPT
BLOOMINGTON MN 55425 FRIDLEY MN 55432 ANOKA MN 55303
NORTHERN STATES POWER CO GRUNWALD, FLORENCE ESTERLING GEORGETOWN LLC
ATTN TAX DEPT PO BOX 123 PO BOX 2108
MINNEAPOLIS MN 55401 FOREST LAKE MN 55025 FARGO ND 58107
MINNEAPOLIS CITY OF
PO BOX 211208
EAGAN MN 55121
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