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06-751�Y�g1Jl Y C�1►`I Presented By OF SAINT PAUL, NIINNESOTA �� 2 WFIEEREAS, the Mississippi River Critical Area was established by the State of Minnesota and 3 the Metropolitan Council in the late 1970s and, pursuant to State rules, the City, in the early 4 1980s, adopted a Mississippi River Corridor Plan as part of the City's Comprehensive Plan and 5 River Corridor zoning regulations, which documents were approved by the State's 6 Environmental Quality Board (EQB); 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, the City updated its Mississippi River Corridar Plan in 2002 as a Comprehensive Plan chapter which was approved by the Minnesota Department of Natural Resources (DNR), which had replaced the EQB as the agency responsible far the Mississippi River Critical Area; WHEREAS, Minnesota Statutes § 473.865 requires the City to make its comprehensive pians and zoning regulations consistent; WHEREAS, in 2004, the City Council, in Council Resolution 04-357, created the Mississippi River Critical Area Task Force as a legislative advisory committee to recommend zoning amendments for the Critical Area to bring the Zoning Code into consistency with the Mississippi River Corridor Plan; WHEREAS, the Task Force has completed its work and presented its report and recommendations to the Council; WHEREAS, the Task Force has worked long and diligently and has conducted an extensive public review process and has produced a thorough report containing its recommendations for updating the River Corridor chapter of the Zoning Code; WHEREAS, the Task Force, in accordance with its charge and the Mississippi River Corridor Plan, proposes separating the Critical Area and floodplain regulations into two articles within the River Corridor chapter of the Zoning Code; WHEREAS, the floodplain regulations need to be revised and updated to correspond with the new Critical Area regulations, which wi11 be done by PED staff with assistance from the DNR; and WHEREAS, Minnesota Statutes § 462357,Subd. 4 requires review of proposed zoning amendments by the Plamiing Commission; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul accepts the report of the Task Force and will use the report as the basis for the next steps toward adoption of new Critical Area regulations; and Council File # � Green Sheet # d� - �� BE IT FLJRTHER RESOLVED, that the Council thanks the members of the task force for their dedication to improvement of the River Corridor and the many hours they contributed to the City to resolve controversial issues, those members being: Gregory Page, who served as Chair, Matt 10 11 12 13 14 15 16 17 18 19 20 21 22 Anfang, Mike Detomaso, Nancy Duncan, Sandy Fecht, John Grzybek, Steve Hazdie, Deborah Karasov, L,orrie I,ouder, Steve Johnson, Chip Lindeke, Peggy Lynch, Dan McGuiness, and Lee Nelson; and BE IT FIJRTHER RESOLVED, that the Council requests PED zoning staff to work with the DNR to prepare� amendments to the City's floodplain regulations; and BE IT FURTHER RE50LVED, that the Council refers the Task Force report and recommendations to the Planning Commission, and asks the Planning Commission to review the recommendations contained in the report, to oversee the prepararion of amendments to the City's floodplain regulations, to conduct a public hearing on the whole River Corridor chapter of the Zoning Code, and to make its recommendations to the City Council; and AND BE IT FINALLY RESOLVED, that the Council requests PED to report back one month from the date of this resolution on a proposed time schedule far returning the Planning Commission's recommendations for the City's River Corridor Chapter to the City Council. �� . � .. �� ( � �� . , �== ��.�J , S l � AdoptedbyCouncil: Date Adopnon Certified by Council Seci ary By: / Approved b�oil�Date � � � I sy Form Apprrygd.6y�ity mey p gy: /�� 6'Ylfl'et'� 7 ' 2.^ �( Form Apprwed by Mayor for Submission to Council L � i� �.li�r__ , � _ • � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � _ o� Depar6nenUoffice/council: Date In"R"iated: (�E - P�anning&EconomicDevclopmcnt � 05-AUG-06 G{�P.P.I7 S�PrP.� NO 3031795 ContactFerson & Pfione: ' Larty Sodertwlm 266-6575 Must Qe on Agenda by (Date): ��) \l�l� � Assign i Number t For � Routing � Order i i 0 �'1 on e& Ec "c D elon L m Saderh 1 1 Rlanninff & Economic DeveSoo � DirectorlC. Sedot ' 2 C'riAtt m C'NAttom 3 y�aaypr` Offi � Ma /A s ha t 4 CO Ocil Ciri C Ocil ' 5 'PI ' e& Eco 'c D lo L S de h I Total # of SignaW re Pages _,�___ (Clip All Locations for Signature) Action Requested: Adopt resolution accepting the report and recommendafions of the Mississippi River Critical Area Task Force and referring them to I the Planning Commission. Recommendations: Appro� (A) or Reject (R): , Planning Commission . CIB Committee I � Qvii Service Commission PED Personal Service Contracts Must Mswerthe Following 1. Has this persoNfirtn e�er worked under a contrect for this department? Yes No 2. Has this persoNfirtn eeer been a city empioyee? Yes No 3. Does this petsoNfirm possess a skill frot nortnatly possessed by any curtent city employee? Yes No Explain ali yes answers on separate sheet and attach to green sheet '�, Ini6ating Problem, Issues, Opportunity (Who, What, When, Where, Why): I Under state law the River Corridor Chapter of the zoning code must be updated to match the River Corridor Chapter of , Comprehensive Plan, which was adopted in 2002. The Critica] Area Task Force was set up by the council to recommend new I ! Corridor zoning regu]ations. Advantages If Approved: The city moves anothei step toward updated River Corridor zoning. DisadvantageslfApproved: None DisadvaMapes If NotApproved: None i Trensaction: Funding Source: CosURevenue Budgeted: Activity Number: Financial tnformation: Ultimately, once approved, the pioposed River Corridor zoning regulations call for stricter staff review of (Expiain) Zoning applications in the River Corridor. August 9, 2006 2:96 PM Page 1 0�-75 u sonnD NundaQV,¢ra. � ,� B�� J� B�,.w WuwN Bs�nstuw ron� Cs.aifa Pnui.!'wss�pr ALIX CIVUA c,� co�, Jnr cow�s c�,., n�,na P,vv¢cDoxov,w I�NOMAS F15HE8 x»F ��, DENISE HARAL$ Parv�a� Hnan � AL10E HAUSDI.4N AtaNE H�mr FenNeJnnnwc Cmmvu Lssevx Bxvice Lur iuwnx hLUtoxez HARRY MEfANO£& JnnEn Monuw-au� PMILIP ORDWAY RAFAEL ORSEGA s.,�n�. r�.e� Jotua Rtcu Viaemu5lwucea Pnut Vtx�[ Cr.utxu Wxrt�oe� Cx.v�us �uF c �� EE 0 OLEMAN JAY COWLFS Txomws F¢xea FxnwcJen�wc,TaEwsuesx VIRGINIA SIAINGER� CNAIR PAVL VEPREf� VIGE C}WR CHARLESZEIIE�$£C&tTARY SAINT PAUL RIVERFRONT CORPORATION August 2, 2�06 Council President Kathy Lantry 320B City Hall 15 West Kellogg Boulevard Saint Paul, MN 55102 Re: Saint Paui City Council Mississippi River Critical Area Advisory Task Force Final Report and Recoxnmendations Deaz President Lanfry: Attached is the final report of the Mississippi River Critical Area Task Farce with recommendations for amending Article II 68.200, Crifical Area Overlay Districts of the Saint Paul Zoning Code. Key secfions of the report include a comprehensive Executive Suinmary and task force recommendafions for proposed Critical Area Overlay Zoning Ordinance language. The report also contains an annotated copy of the proposed language delineating proposed changes from current code, citing state and city statute and code references and detailing taskforce actions and rational. Appendices include a record of both written and ara1 public input to task force — in response to which the task force amended several keq recommendations. ��croR I wish to acknowledge the diligent and thorough work of task force members and City P " r �"� sEe staff over the course of this work - gathering input, debating and drafting the recommendations and creating the final report and supporting materials. Sineerely, `� �� Gregory Page, C air Mississippi River Critical Area Task Force • 25 Wesr Sixrti Srt�Fr ww�v.riverfrontcorporation.com Pxoxe: 651-293-6860 SAINT PAUL, MINNESOTA SS I.OZ F,ix: 651-293-6868 � "�51 � PROPOSED REGULATIONS FOR THE MISSISSIPPI RIVER CRITICAL AREA IN SAINT PAUL A Report to the Saint Paul City Council by the Mississippi River Critical Area Task Force • July 2006 In 1976 the State of Minnesota declared 72 miles of the Mississippi River running through the Twin Cities to be a Critical Area meriting special environmental and scenic protection. In 1982, to meet the goals for the Critical Area, Saint Paul adopted overlay zoning regulations for the River Corridor. In 2002 the City of Saint Paul adopted, with approval by the Minnesota Department of Natural Resources, an updated plan for Saint Paul's segment of the Critical Area. In 2004, the Saint Paul City Council created the Mississippi River Critical Area Task Force to update the 1982 zoning regulations to be consistent with the new plan. This is the task force's report the City Council. � • B�-� 5-j CONTENTS P age Executive ................................................................................ 1 Background: The Mississippi River Critical Area ......................................... 4 Work Procedares of the Critical Area Task Force ........................................... S Recommendations ................................................................................ 10 Proposed Critical Area Overlay Zoning Ordinance ........................................ 16 Proposed Critical Area Overlay Zoning Maps .............................................. 39 TaskForce Membership ......................................................................... 40 Appendices � A. Executive Order79-19 B. Existing River Corridor Overlay Disfrict Regulations and Maps • C. Zoning Revisions Proposed in the Mississippi River Corridor Plan 2002 D. City Council Resolution 04-357 Establishing the Mississippi River Critical Area Task Fozce E. Sample of Meeting Minutes F. Recommended Ordinance with Annotations G. Sample ofBluff and Steep Slopes Maps H. Analysis of Dimensional Zotting Nonconformities I. Agency Roles Supplemental Appendices: Public Input to Task Force (printed separately) J. Staff Suuuuary of Oral Testimony K Written Public Testimony For more information: Copies of this report, including the text af the proposed zoning code amendments, and maps showing the proposed Critical Area Overlay Zoning Districts, bluffiines and steep slopes aze on the City web site, at ��cv.stoaul.¢ov/deatsl�d For more information, p2ease contact Larry Soderholm (larrvsoderholmnci s_pt aul.mn.us 651-266-6575) or A1 Torstenson (allan.torstenson(a�ci.stpaul.mn.us, 651-266-6579) at the Saint Paul Department of Plamiing and Economic Davelopment. • C�-�51 • PROPOSED REGULATTONS FOR THE MISSISSIPPI RIVER CRITICAL AREA IN SAINT PAUL Report of the Mississippi River Critical Area Task Force, July 2006 EXECUTIVE SI)MMAgy Background The Mississippi River Corridor Crirical Area, which runs 72 miles from Ramsey to Hastings, was established in 1976 by Governor's Executive Order. It requires the adoption of local plans and regulafions fo manage the corridor consistent with its natural chazacteristics and existing development and according to the standazds in the Executive Order. The Executive Order recognized that the River Corridar has many functions and resources, including transportation, commerce, recreation, historicai and cultural sites, scenery, urban development and the natural environment. • Saint Paul adopted a comprehensive plan for the Mississippi River Corridor in 1981, followed in 1982 by River Corridar overlay zoning districts. The overlay zones incorporated the previous floodplain regulations and added new overlay zones for river bluff neighborhoods. Overlay dish-icts add regulations that go beyond the normal cityv✓ide underlying zoning, and the more restrictive provision governs. An updated Mississippi River Corridor Plan was adopted by the City in 2002. In 2004, the City Council created a task £orce to recommend amendments to update the Critical Area zoning regulations as proposed in the 2002 plan. The task force was not charged with crearing a vision for the Crifical Area. That had already been done by the River Corridot-Plan, MNRRA's Comprehensive Managem�nt PZan, the Saint Pau1 on the Mzssissippi Development Framework, and a half-dozen small azea plans that the City Council had approved along the river. Saint Paul's Mississippi River Critical Area Task Force worked for over a year to complete a draft of zoning amendments for public review. That draft was published in April of 2006. Then the task force met with affected public agencies, disfrict councils, and maj or property owners. The task force held a general public meeting on Harriet Island. Norice of the meeting was send to all of the four thousand property owners in the Crifical Area. In response to the public comments, the fask force revised and refined several of its recommendarions. Summary of River Corridor Critical Area Task Force Recommendations 1. Separate Floodplain Management and Critical Area regulations. Floodplain • management regulations, which are designed to minimize flood losses, are almost entirely dictated by state and federal requirements. In the new River Corridor Zoning ' 6�6 Ordinance, Floodplain Management will be sepazated from GYitical Area regulations • and each section will have its own overlay maps. Properry in fhe floodplain v✓iII be tegulated by both Floodplain Management and Czitical Area Overlay Dishicts, as well as normal city underlying zoning. 2. Use aII four Crificai Area zoning disfricfs provided in fhe Executive Order designatittg the area. The task force proposal for overlay zoning maps can be described as follows: CA1 Rural Open Space for the Pig's Eye Lake area; CA2 Urban Open Space for large river parks and the Highwood neighborhood; CA3 Urban Developed for other established residential neighborhoods; and CA4 Urban Diversified for azeas with a mix of commercial, industrial and residential uses. tJpstream from the new Victoria Pazk housing development (the old Koch-Mobil site), land is proposed to be CA3 Urban Developed, but industrial land uses would be pernutted at the Ford plant on the east side of Mississippi River Blvd., the Crosby Lake Business Pazk, and other existing industrial sites between Ranldn S�eet and I-35E. 3. Increase protection of riverbanks and wetlands. Within 100 feet of the river, prohibit structures and require xestoration of a natural shoreline buffer. Except downtown, new commercial and industrial development in the floodplain or within 300 feet of the river must have a re2ationship to the river or need a riverfront Iocation. 4. Provide more detail for the protection of bluffs and steep slopes. Redefine "bluffs" to be any slope higher than 16 feet and steeper than 1 foot rise over a distance of 5.5 feef (18% slope}. ProIubit structures, grading and fiIIing within 40 feet of the top of a bluff, or within 15 feet of the toe of a bluff, or on "very steep slopes" (higher than 9 feet, steeper than 18%). Prohibit all but one-fanuly slructures on "steep slopes"higher than 6 feet and steeper than 1 foot rise over a distance of 83 feet (12% slope). In the • CA1 and CA2 districts, including Highwood, structures must be set back from the top , of a very steep slope a distance equal to the combined heights of the slope and the structure, to a maximum of 40 f�et. Under the existmg zoning regulations, a significant number of structures aze nonconfomiing with regard to setbacks from bluffs and slopes. With the proposed regulations there will be an increase in the number of dimensionally nonconforming siructures (wlule bemg conforming land uses). Such structures can be enlarged in ways that do not increase their nonconformity, and if desixoyed, can be replaced within one yeaz. 5. Provide more detail to regalations on grading, filliug and dredging to m;nim;�e site alterarion and require erosion and sediment control according to best management pracrices. Rehabilitated slopes must be stabilized with plant materials and normally should not exceed a 1 foot rise over a distance of 4 feet (25% slope) and cannot exceed 2:1 {50% slope). Dredging for river navigarion is regulated by state and federal agencies, but for other purposes will also be regulated by the City. 6. Strengthen regnlafions regarding management of vegetation to enhance the scenic and nahu qualities of the River Corridor and to prevent erosion. For buildiag, grading or fill permits, the City will require an inventory of existing trees lazger than three inches in diameter and azeas of native shrubs. City staff; using DNR's surveys, will screen pennits to make sure that threatened or endangered plant and animal species aze not affected. Vegetation removed due to deyelopment must be replaced elsewhere on the site with native species or native cultivars. If this is not possible, replacement vegetation can be planted elsewhere in the Critical Area. 7. Increase protectiori of water qnalify with zequirements to minimize rate and volume • of stormwater runoff, and to direct runoff across vegetated areas before going to a Z 66-75� • storm sewer. To protect bluffs and very steep slopes, prohibit stormwater management faciIities on them and within 40 feef of a bluffline. 8. Establish more height limits for buildings: CA1 and CA2 Open Space Districts .......................................30 feet CA3 Urban Developed and CA4 Urban Diversified Districts: Within 200 feet of the river ......................................... 36 feet Within 500 feet of the river ...........................................48 feet Within 300 feet riverwazd of a bluff toe ............................48 feet Within 100 feet landward of a bluff line ............................36 feet Elsewhere in CA3 Urban Developed District ...............................48 feet Elsewhere in CA4 Urban Diversified Aistrict ..............................60 feet There are special height limits below Kellogg Mall and below the Science Museum. Height limits for the West Side F'lats and the Upper Landing closely approximate existing development agreements made by the HRA. (Existing Cntical Area zoning only has a 40 foot height limit, which only applies to the Urban Open District.) 9. Require dedication of land for parks, open space, and river access when land is subdivided: 12% of the land must be given to the City, or a fee in lieu of land dedication equal to the value of the land that would otherwise be dedicated (not to exceed $3000 per dwelling unit). � 10. Strengthen requirements for approval of site plans, conditional use permits, and variances. Applications will require more detail on soil types, topography, and vegetation. Adoption Process These recommendafions will be reviewed by the Saint Paul Planning Commission prior to acrion by the City Council. After the City Council adopts new River Corridor zoning regulations, they will be sent to the Metropolitan Council for comments and to the DNR for approval. New Critical Area regulations do not go into effect unril they have been approved by both the City and DNR. r 1 LJ 3 �jb��/ EACKGROUND: THE MiSSISSIPPI RIVER CRITICAL AREA • Saint Paul's Mississippi River Critical Area Zonin� Overlav District The Mississippi River Critical Area, which runs 72 miles from Ratnsey to Hastings, was established in 1976 pursuant to state law. The Critical Area has environmental and scenic standards that operate through local zoning. Zoning codes up and down the river must meet, at minimum, the standards of the state's Critical Area laws and the more specific governor's Executive Order 79-19. Counting both sides of the river, Saint Paul has 27 miles of riverfront, faz more than any other municipality in the Cziticai Area. Saint Paul adopted a Comprehensive Plan chapter for the Mississippi River Corridor in 1981, followed in 1982 by a new chapter of tha Zoning Code. It created overlay zones containing development requirements that go beyond the normal zoning regulations that apply citywide. The normal regulations, referred to as the underlying zoning, continue to apply in the C`ritical Area, as well. Development is regulated by both underlying and overlay zoning. In cases where the two disagree, the stricter standard applies. Purnose of the Critical Area Re�ulations The purpose of the Critical Area regulations is to protect, preserve and enhance the • unique and valuable resources of the River Corridor. These resources are natural, ecalogical, and biological; they are also econottric, historical, cultural, and scenia The river in Saint Paul is a worldug river and a recreational destinarion as well as being part of a vast natural system. The Critical Area in Saint Paul includes both urban development and nahual amenities of regional and national significance, The Critical Area regulations attempt to balance these needs and opporhxnities for land in the River Corridor, and to improve the synezgy among them. Maps of the Critical Area: Metro Area and Within Saint Paul 5ee the maps on the foilowing page. Chronolo�y of River Corridor Plannine and Zoning Since 1976 1976 Gov. Anderson signed Executive Order 130 which designafed the Mississippi River Critical Area, established Interim Development Regulations and set m;n;mum standards for local regulation of the area. 1979 Gov. Quie signed Executive Order 79-19, which continued the Crifical Area designarion along with the interim. regulations and m;n;mum standards for local regulations. • ��, � 5 j � � LJ u Mississippi Natior Recreation Area � Boundary Twin Cities Seven-County 5 St. Paul and Surrounding Area 0��75 j 1979 1981 1982 1987 1988 1995 1995 1997 1990-2005 2001-2002 2004 2004 Metropolitan Council approved the permanent designafion of the Critical Area and Executive Order 79-19. Saiut Paul adopted the first River Corridor Plan as a chapter of the Comprehensive Plan. It was approved by the Minnesota Environmental Quality Boazd (EQB). The City adopted overlay zoning districts and regulations, which were also appmved by the EQB. The City amended the River Cort-idor-Plan to incorporate the Riverfront Pre-Development Plan. Congress established the Mississippi Nafional River and Recreation Area (MNRRA) as a unit of the National Pazk Service. The MNRRA boundaries aze conterminous with the State Critical Area. The Secretary of the Interior approved NINRRA's Comprehensive Management Plan for the area. The State transferred responsibility for the Mississippi River Critical Area from the EQB to the Department of Natural Resources (DNR). The City approved the 8aint Pau1 on the Mississippi Development Pramework as a guide for downtown and riverfront development. The City adopted small azea plans or master plans for various maj or sites along the river: Shepazd Davem; Koch-Mobil (Victoria Pazk); W. Seventh-Randolph-ADM; Upper Landing; Harriet Island Park; West Side F1ats; Trout Brook-Lower Phalen Creek, and tke Highwood Plan. The Ciry and DNR approved a new, updated River Corridor Plan as a chapter of the City's Comprehensive Plan, replacing the earlier one. The plan recommended a list of zoning amendments to promote scenic and environmentaI improvements in the River Corridor. The Ciry adopted an extensively zevised, citywide Zoning Code, which created miYed use Traditional Neighborhood (TI� zoning districts. TN districts were designated for the urban villages planned at various riverfront redevelopment sites. The City Council proceeded with the updating the River Corridor overiay . zoning regulations by establishing a task force. � Themes of the Mississippi River Corridor Plan The River Corridor Plan of 2002 contains policies groups under four Iazge strategies: 1. Protect the river as a unique urban ecosystem, which covers the bluffs, native plants and animal habitat, floodplains and weflands, and water quality. 2. Sustain the economic resources of the working river, which covers commercial navigation, commercial and indusirial uses offhe Iand and water, and brownfield reclamation. 3. En.hance the city's quaZity of Zife by reconnecting to the river, which deals with visitors, views; trails, neighborhoods, and historic and culhual resources. • • � � b�-� �l � 4. Use urban desigrt to enhance the River Corridor's buiZt environment, which covers development patterns, built form, and design guidelines for redevelopment sites. Creation of the Saint Paul Mississippi River Critical Area Task Force In 2004, the Saint Paul City Council created a task force to make recommendations to update the River Corridor Overlay Zoning regulations as proposed in the 2002 plan. Some of the issues leading to this step were the need to implement recommendations in the plan, the new Zoning Code with the Traditional Neighborhood districts, interest in parkland dedica6on, and development proposals at Island Station, Victoria Pazk, and the West Side Flats. The City Council named a 12-member task force and designated PED to staff the project. • �J ��-� 5 WORK PROCEDURES OF TAE TASK FORCE � The Saint Paul City Council chazged the Mississippi River Critical Area Task Force °to recommend zoning changes consistent with the adopted policies in the Mississippi River Corridor Plan", whick was adopted in 2002 by the City and the DNR. The fu12 Council Resolution 04-357 is shown as Appendix D. After the resolution was adopted, Council members recruited and designated the task force members. The overall work program for updating the city's River Corridor zoning,was approved by the full task force. The task force arranged a river tour on a barge fitted out for groups and did a collection of photos from tke water for reference during its discussions of the provisions in the proposed ordinance. Specific meeting agendas were planned by the task force chair and City staff. Most of the task force's work involved drafting code language, which is detail-oriented and somewhat tedious work. Members and staff circulated many drafts by emails with attaclunents so that all members had aa opportunity before each meeting to add their suggested additions and deletions. On major topics--such as bluff protection, management of vegetation, and building heights--the chair established smaller working groups to develop altematives and/or recommendations for considerafion by the full task force. • The task force usually met biweekly, and during the most intense periods it met week2y. PED maintained two mailing and email lists--one for task force members to receive full packets for the meetings and another for interested parties wfio asked to received agendas and minutes. The meeting dates and agendas were also listed on the Plawiiug Commission's weekly listing of upcoming meetings. At the beo nning of each meeting, the task force reserved time for interested citizens to speak on topics for that day's agenda, and citizens took advantage of ttus opportunity at most of the meetings. Task force decisions were made by majority votes, going secfion by section or paragraph by paragraph. No decisions were made unless a quorum was present. Worldng relafions among committee members and with the staff were cordial and collaborative, but on some issues consensus could not be achieved. On many sections of the proposed ordinance tkere was unauinious approval, but oa certain other secrions fhere were split votes and members remained divided despite extensive debate. Several of the dimensional standards in the proposed ordinance reflect compromises among task force members. In April and May of 2006, the task force took its draft ordinance out for public review. Task force members met with atl of the distdct couucils along the River Corridor. Tfie task force held a stakeholders meeting for the various public agencies involved with development and regulation along the river, and another stakeholders meeting with major • property owners. These meetings were followed by a general public meeting on Hazriet b� • Island. Roughly 4,000 flyers with the meeting notice and a zoning suxnmary were sent to the property owners in the Crirical Area. In June 2006, the task force met three times to consider the feedback from the public meetings and, accordingiy, to make revisions in the ordinance. The task force established a list of muior revisions for a consent agenda and a list of significant issues for further debate and significant amendments. The most important changes were: (a) continuing to pemut industrial land uses at the main Ford Plant, the Crosby Lake Business Park, and other existing West End indushial sites; (b) extensive simplification of the vegetation management procedures to be more like the existing Highwood Tree Preservation Overlay Dishict; and (c) minor changes for building setbacks from bluffs and steep slopes so that fewer existing houses would be classified as dimensionally nonconforming. Staff from PED and LIEP participated in the discussions and provided regular support to the task force throughout its work. Staff from DNR and the Mississippi Nafional River and Recreation Area (MNRRA) served as task force members. They both contributed their extensive experience in environmental management and regulation. DNR's participation was particularly important since the DNR must approve the final regulations before they go into effect. Managers at the DNR also monitored the progress of the task force and sometimes sent emails to elaborate or clarify DNR's position on a topic. DNR and MNRRA staff devoted disproportionate time to the task force in Saint Pau1, which is just one of 25 local governments in the Critical Area, in the expectation that the new • Saint Paul ordinance will be used as a model for updates in other jurisdictions. FY�rther Steps for Adontion of the New Critical Area Overlay Zonine This report and its presentation to the City Council are the final actions of the Mississippi River Critical Area Task Porce; however, some of the task force members may, of course, continue to participate in the ordinance adoption process because of their personal and/ar organizational commitments to river issues. Because most of the task force recornmendations relate to the Zoning Code, the City Council will refer the proposed overlay zoning regulations to the Planning Commission. The Planning Commission will study how the recommendations relate to the City's Comprehensive Plan, will hold a public hearing, and will submit its recommendations to the City Council. The City Council will then consider the recommendations of the task farce and Plaiining Commission and will hold another public hearing before acting on the Zoning Code amendments. A11 interested citizens will be welcome to give their comments at the public hearings. Next, the amendments approved by the City will be sent to the Metropolitan Council for its review and submitted to the DNR far review and approval. The DNR, after receiving the recommendation of the Meiropolitan Council, can approve the zoning amendments or return them to the City for modificaYion. Final amendments will not become effective until both the City and the DNR have approved them. • ab-�5! RECOMN�NDATIONS Key Task Force Recommendations for Criticat Area Zouin2 1. Separate Critical Area and Floodplain Zoning Articles. The 1982 River Corridor regulations established four overlay districts. But only two of them related specifically to the state's environmental and scenic guidelines for the Critical Area The other fwo, in fhe river bottoms, related to IIood protection. The task force recommends sepazating the two types of regulations: the floodway and flood fringe will haue its own set of standazds, which are almost entirely dictated by federal and state agencies, and the Critical Area overlay zones wiil span the entire designated River Corridor. Thus, bath Critical Area and floodplain overlay regulations will apply to the bottomlands that previously were subject only to floodplain regulations. (Updates to the floodplain regulafions were not part of the chazge to the Critical Area Task Force and aze not part of this report. They aze being drafted by City and DNR staff as a sepazate project.) jREPERENCE INDRAFT ORDINANCE: Chapter 68.00 is divided into ArticZe I on floodplain regularions and Article II on Critical Area regularions.j 2. Use all four Critical Area zoning districts provided for in state rules. Tk�e state spells out four zoning districts throughout the Critical Area--Rura1 Open Space, Urban Open Space, Urban Developed, and Urban Diversified. In 1982 Saint Paul used only two of the four dishicts, similar to the state's originai classification: Urban Open Space was used for parks and established low-density neighborhoods; Urban Diversified was used for the. downtown and industrial azeas. The task force recommends making use of all four disiricts, as follows: • Rural Open Space (CAl): Pig's Eye Lake area (except sewage treatment plant and privately owned Red Rock properlies, which are in Urban Diversified) Urban Open Space (CA2): Lazge river pazks and Highwood neighborhood Urban Developed (CA3): Other established city neighborhoods - Urban Diversified (CA4): Downtown, Iugh density redevelopment, and industrial azeas. See the pmposed zoning maps that follow page 39. • The fask force recommends zoning Iand that is upstream from Otto Avenue and landwazd of Shepard Road and Mississippi River Blvd. to the Urban Developed (CA3) dishict. • • • 10 �-�� • • Industrial uses would be permitted: (a) in the Urban Diversified CA4 dishict; (b) within the Urban Developed CA3 district at the Ford plant and the West End between Raukin Street and Kay Avenue (which runs through the Victoria Park/Koch-MobiI site); and (c) sewage treatment and barge fleeting in the Rural Open CA1 district. • The task force recommends prohibiting muring and motor vehicle salvage in all four overlay districts. • The task force acI�owledges that federal regulations, for example, for railroads and bazges, supersede Critical Area zoning regulations. [REFERENCEIIVDRAFT ORDINANCE: Sections 68.230 through 68.237 describe the di,�tricts and which uses ¢re allowed or prohibited in each.J � • 3. Increase protection of riverbanks and wetiands. • Except downtown, new commercial and industrial development must be river- related in order to locate within 300 feet of the river. Existing businesses along the river can expand, subject fo natural resource protection. • A natural shoreline buffer must be restored or created within 100 feet of the river to protect water quality and the riparian ecosystem. • Structures must be set back 100 feet from the river (with exceptions for public infrastructure, and barge and boating facilities). (REFERENCEINDRAFT ORDINANCE: See Sections 68.242(b) and 68.243(d)(3).J 4. Provide more detail for the protection of bluffs and steep slopes. • On river bluffs, no siructures are permitted (with exceptions for public infrastructure and for bazge and boating facilities on riverbanks). Bluffs are defined as slopes that are 16 feet or higher where the grade is 18 percent or steeper over an area of at least 200 square feef. • On top of bluffs, shuctures must be set back at least 40 feet. The 40-foot setback is unchanged from the current regulations, but it will apply to more properties because the new bluff definition includes mare properties. • At the toe of bluffs, structures must be at least 15 feet away from the bluff. This is a new regulation. • On very steep slopes, no struchues are perxnitted (with exceptions for public infrastructure and for barge and boating facilities on riverbanks). Very steep slopes aze defined as slopes that are 9 to 16 feet high where the grade is 18 percent or steeper over an area of at least 200 square feet. • On slopes of between 12 percent and 18 percent, only single-family houses can be built. They must go through the site plan review process and be designed to minimize erosion problems and preserve nafive vegetation. • Tn the Highwood neighborhood (the CA2 district), structures near the crest of very steep slopes must have a setback that is based on the combined heights of the slope and structure. These changes in steep slope regulations would cause some increase m the number of houses that are nonconforming with regard to height and setback dimensions. Such houses can be enlarged in ways that do 11 vb-�5 � not increase their dimensional nonconformity. Under State law, • nonconforming structures, if destroyed, can be rebuilt within one year. (Note: Percentage of slope equals height divided by horizontal run: 12% equals a six foot rise over a 50 foot run. 18 percent equals a nine foot rise over a 50 foot run.) [REFERENCE IIV DItAFT ORDINANCE: See bluff and steep slope defznifrons in Section 68215 and regulatiorzs in Section 68.242(b)(3-5 and 8).j 5. Provide more detail to the regulations on grading, filling, and dredging. • Sife alterafions for development must be the min;mum necessary, and must implement erosion control measures and revegetation. Restoration slopes normally should not exceed 4:1 (a 25 percent slope) and cannot exceed 2:1 (a 50 percent slope). Dredging for river navigafion is regulafed by federal and state agencies, but dredging for any purpose other than river navigation will also be regulated by the City. (REFERENCEZNDRAFTORDINf1NCE: SeeSection68.242(c)(Ithrough5).] 6. Strengthen City regulations regarding the management of vegetation. • Vegetation must be managed to enhance the scenic beauty and natural qualities of the river, to control erosion, and to restore plant and wildlife • habitats. • Existing native plants as well as non-native plants that aze not invasive must be maintained to the greatest extent possible; their disturbance must be minim ized. • Building, grading and fill permit applications to the City must include an inventory of the trees over 3 inches in diaineter and any native shrub areas. • City staff, using DNR surveys, wili review applications to see if any threatened or endangered plant or animai species may be affected. If so, fhe City will require the applicant to submit an inventory of these species. • Vegetation removed due to development must be replaced with native vegetation elsewhere on the site. If on-site replacement is not possible, replacement planting can be done elsewhere in the Critical Area, or a fee can be paid into a fund maintained by the Parks Department for vegetarion replacement. Tke amount of the fee would be based on the cunent value of the piants removed plus ten percent. • Cleaz cutting oftrees and shrubs is profiibited, except the minimum amount necessary for approved development. • Removal of non-native, invasive species, e.g., buckthorn, and replacement with native species is encouraged. • Protection of the scenic quality of tree covered bluffs is very important. On very steep slopes and within 40 feet of blufflines, removal of the shrub and • canopy layer is prohibited. Houses and other development must ha�e buffer 12 d6-75 . plantings. Property owners can prune as necessary for the maintenance and health of trees or to remove nuisances or hazazdous conditions, but they must maintain buffer plantings and canopy cover. [REFERENCE ZNDRf1FT ORDIN.4IVCE: See Section 68.243(a through j).J 7. Increase protection of water quality. • Water quality should meet or exceed state standards. No use of property will be allowed that is likely to cause water pollution. • Septic systems will not be permitted where public sewers aze available. Where a septic system is installed, it must be at least 75 feet from the river and 40 feet from a bluffline. • Development must be designed to minimize both the rate and volume of stormwater runoff, using the approved best management practices from state manuals. • Stormwater runoff must be directed across vegetated areas before going to a storxn sewer. • Stormwater ponds aze prohibited on bluffs and steep slopes ar within 40 feet of a bluffline. [REFERENCE INDRAFT 012DINANCE: See Section 68.249(a through cJ.J • 8. Establish more building height limits to protect views. • Consistent with Cityplans and an urban setting, new development should reflect the River Corridor's topography and natural setting by preserving public and panoramic viaws of and from the river and bluffs. • Buildings heights in the Rural and Urban Open Space Districts (CA1 and CA2) will be limited to 30 feet. • Building heights in the Urban Developed and Urban Diversified Districts (CA3 and CA4) will be limited to: 36 feet Yrigh within 200 feet of the river; 48 feet high within 500 feet of the river; 48 feet high within 300 feet riverward from the toe of a bluff; and, on top of a bluff, 36 feet high within 100 feet of the bluff line. • Elsewhere in the Urban Developed District (CA3), 48 feet maYimum height. • Elsewhere in the Urban Diversified District (CA4), 60 feet maximum height. • There are special height districts for the downtown side of the river from the High Bridge to the Lafayette Bridge. Buildings cannot block views from Kellogg Mall Park (Ramsey County Government Center East to St. Peter Street). Below Kellogg Mall Park (Ramsey County Government Center East to Wabasha Street), buildings heights are lunited to 15 feet. The area below the Science Museum and the Upper Landing azea are limited to 60 feet in height. • There are special height limits for the West Side Flats between Robert and Wabasha Streets that are consistent with the City's adopted West Side Flats � Master Plan. On the various blocks it allows buildings of 36, 48, 60, and 72 feet high. 13 d6-�5) When redevelopment makes it possible to open up views of the river valley • down streets that are currenfly blocked from the river, e.g., Wacouta, Wall, and Broadway Streets, the redevelopment musf be designed, to the extent possible, to open up the view for public enjoyment. There aze specific exceptions to the height limits for bridges, transmission lines, historic landmarks, river-dependent indushial facilifies, and publicly owned landmazks. [REFERENCE INDR�IPT ORDI1V.41VCE: See Secfron 68.245(a througk e).J 9. Provide for the dedication of land for parks, open space, and river access as required by Egecutive Order 79-19, • Within the Criiical Area, the dedicatian of parkland or a fee in lieu of dedication will be required for subdivision of properiy, except for minor lot splits. Twelve percent of the land must be dedicated to the City; however payments in lieu of land are capped at $3,000 per residential unit. The payments can be used only for park acquisition and capital improvements. [REFERENCE INDRAFT ORDINANCE: See SecROn 68.246(a through�.J 10. Strengthen permit requirements for approval of site plans, conditional uses, • and variances. • Site plaa application and approval criteria are brought into the Critical Area section of the Zoning Code. Applications will require more detail on soil types, topography and vegetation. Site designs must assess and miniiuize adverse environmental effects while ma�cimiznig beneficial environmental effecfs on flie CYitical Azea. The Cify can impose requirements for site pIanS to meet Critical Area objectives, and this is also the case for conditional use permits and variance. If material changes are made to a site plan after its approval, the applicant must reapplq. [REFERENCE I1V DRs1FT ORDINANCE: See Sections 68.222, 68.223 and 68.224.J Non-zonin2 Recommendations 11. Add the Critical Area to Truth in Sale of Housing Forms. 'i'he task force found that many buyers of property in the Critical Area aze unawaze that their property is in an overlay zoning district with additional standards and requirements. A snnple way that awareness could be increased is through the Truth in Sale of Housing process. The task force found that the Heritage Preservation Coxnmission supports a similaz change for historic districts. Perhaps tke truth in housing form should have one area where any applicable overlay districts could be listed. • L[� L�-75/ • 12. Create a public education program for the Critical Area. The task force concluded that some goals of the Critical Area can be more broadly and readily achieved through public education than through regulation, for example, increasing the amount of nafive vegetation and maintaining a iree canopy on river bluffs. The limited DNR staff tisne devoted to the Critical Area has focused on , -, responding to local units of government and development proposals and to requests from the public for information on the development standards and how to meet them. Little has been budgeted for broader public education promoting the goals of the Critical Area Program and answers to frequently asked questions. Such a program should be a joint proj ect of the DNR, MNRRA, the municipaliries in the Mississippi River Critical Area, and perhaps environmental organizations. • . 15 D�-�S► PROPOSED ORDINANCE FOR THE: • MISSISSIPPI RIVER CRTTICAL AREA OVERLAY ZONES The regulations for the Crirical Area Overlay Zones as recommended by the Saint Paul Mississippi River Critical Area Task Force aze shown in the secfion that follows, pages 17 through 38. The section is proposed to become Article II of the River Corridor Chapter of the Zoning Code. Article I of the chapter will have the Floodplain Regulafions. PED staff are worldng with DNR to update the Floodplain Regulations so that Articles I and II will be ready for review by t12e Plaiuiing Commission at the same time. Then the whole River Corridor zoning chapter, with both the Floodplain and Critical Area Articles, will be fonvarded to the City Council for action. Appendis F has the same proposed ordinance, but it is e�cpanded to include drafting notes gving explanations for the fask force's recommended language. • • � 06-�5 I r� � ARTICLE II. 68.200. CRTI'ICAL AREA OVERLAY DISTRICT5 . Division 1. 68.210. General Provisions and Definitions Sec. 68.�8211. Authoritv, intent and purpose. (a) �, D^•°- �'�--�a�° Article II. Critical Area Overlay Districts a�--�Es , ;a� � vr�i or� n`? �rn t a' , is enacted pursuant to the authozitv granted to the municivalitv in Minnesota Statutes 116G which deleeates responsibilitv to local aovernment units to adopt reeulations for protection of a desienated critical area. d��o=°a *� �-^ n-'� � • _'_ _' r " "__ '_� r """"_.... � flc�nrinl�in �nrl riw - t,i,.rc'.,....« r f <�. ,.;.. ,, a,. •+t, �. i' r b J ..CTR;9...0�..4.. C'+..4.,4e� //`t...«fo.-,. �l1� ..,..� �7�fy\ Trf;««.,..,.a.. D,.....1..�:,,...,. /T.TL'!ln \ Y SA� The Mississippi River Corridor is a desienated critical area under Governor's Executive Order No. 79-19. (b) It is the purpose of this s13a�e� article: (1) To protect and preserve the Mississippi River Corridor as a unique and valuable resource for the benefit of the health, safety and welfare of the citizens of the city, a�a state, reeion, and nation; (2) To prevent and mitigate irreversible damage to the Mississippi River Corridor; • (3) To protect aud preserve the Mississippi River Corridar as an essential element in the federal, state, regional and local recreation, transportation, sewer and water systems; (4) To maintain the river corridor's value and utility for residential, commercial, industrial and public �esss uses, where apuropriate; (5) To protect and pzeserve the Saint Paul Mississippi River Corridar's biological and ecological functions; and (6) To preserve and enhance the Saint Paul Mississippi River Corridor's natural. aesthetic, cultural, scientific and historic �� values.; (�-1 Tn-smidr� r l m ,�t,.....,,e.,+,.rat, fl.. ,t t..• i ri�r i- r r ta-la°. ...,a ...:.,..+e „�a ,...wi:,. e ,, i,.,.,. .. ..,.a L_. n..,. a:_ _. __ � r � f8�`£B , ��,.��7 1.. .ie ..1 4 ,7 1 l. .7 FF t F P r [1.....7,. 1...+ «..t a.. a.7., 1' t <l ,7' � b (C.F. No. 03-241, § 2, 3-26-03) Sec. 68.212. Conflictin2 re�ulations. Whenever anv provision of Article II, Critical Area Overlav Districts conflicts with anv other rorovision of this code the more restrictive provision shall eovern Sec. 68.213. Other local, reeional, state, and federal regulations. • � 17 0�-�5� In addition to the requirements of this article, all uses and develoroment shall be subtect to • all other applicabie local, re�ional, state, and federal permits, laws and regulations. Sec.68.214. SeverabiIi4y. If anv section, clause, provision, or t�ortion of this artic2e is adiud�ed invalid or unconstitutional bv a court of competent iurisdiction, the remainder of this article shall not be affected thereby. Sec.68.215. Definirions. Terms c�efined elsewhere in the zoning code shall ha�e fhe meanines as therein defined. The followin� terms sha11 have the meanin�s ascribed to them herein. Bluff. A high, steep, natural tobographic feature, even if altered, such as a broad hill, cliff, or embaulnnent rising above the river corridor floodplain with more than sixteen (16) feet total verlical rise, an avera�e slope exceedine ei�hteen (18) percent between the bluff toe and a rooint sixteen (1� feet or more above the bluff toe, and a confinuous area of more than two hundred (200) squaze feet regardless of uroroertv boundaries. Blu{f face. That portion of a blufF, between the bluffline and the bluff toe, with a slope exceeding eizhteen (18) percent. Bluffline to o a bZu fQ. A line along the top of a bluff, sV.*�� °+°°� °'^^°° F�;r� t�,° "�:°°;°°:r�; D:"°- �r^"°-. °° shown on the D�°~�r,�- critical azea overlav �zoning dishict �Finaps and requiring field verification, , ' such that the slope below the line �F • fi�aa exceeds eighteen (18) percent and the slope above the line is eighteen (18) percent or less. Bluff toe (bottom ofa bluffl. A line along the bottom of a bluff, shown on the critical area overlay zonin� dishict maps and requirin� field verification, such that the slobe above the Iine exceeds ei�hteen (I81 nercent and fhe slope beIow the line is eighteen (181 percent or less. . Development ��°�-�;- Critical Area Overlav Districts only). The making of any material change in the use or appaazance-of any shvcture or land including, but not limited to: a reconstruction, aZteration of the size, or material change in the external appearance, of a structure or the land; a change in the intensity of use of the land; alteration of a shore or bank of a river, stream, lake or pond; a comrnencement of drilling (except to obtain soil samples); mining or excauafion; demolition of a shuchxre; clearing of land as an adjunct to conshuction; deposit of refuse, solid or liquid waste, or fill on a parcel of land; or the dividing of Iand into two (2) or more pazcels. Mississippi River Corrzdon That area of the city withiu the boundaries of the Mississippi River Corridor Critical Area, established by Executive Order No. 79-19. Natural topo2raphic feature. For the nurpose of defisilne bluff; steep slope, and very steen slobe in this section, does not mean unaltered, but snnrolv distinQUishes these t000�xaphic features from constructed thinQS such as levees and road embat�nents. Ordinarv � high water Zeve1 � A mazk delineating the lughest water level that • has been maintained for a sufficient period of time to leave evidence of the level upon the m a6-�51 . landscape. It is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. When the � or� highwater level � is not evident, setbacks skall be measured from the stream bank of the main channel, adjoining side channels, backwater and sloughs. .. .i;..a.,,,,.e,. �-...,. ....1.,: . / � n ft (1 ()(l�l faat fr�,m �th ,.,.., i 1.' t, i c i i a � a o-- o r � o fhl kk�r�� ,,, a ,- va r�nm r,.,.+ �-,. ..+.e r F�,,, i..,.a._ _a _... -`'- i ' -- ' '- � i - r 3 e ..;,,...,+e,a �,'.. ,.,a;�....,.e ,. ,,.�._., ., ,.+.-e.,... ...�.:,.�.e..,,_ � � �r-�, � � ]o r a.n4..r�r n r�e4..vrn oa ��41..� Ti(�«v�en�4n Tl..«n.i........A ..l.�T�a.._. T Slope, steep. A natural topoeraphic feature with an averaQe slope over twelve (12) percent measured over a horizontal distance of fiflv (501 feet or more with more than siY j6) feet total vertical rise and a continuous area of more than one thousand (10001 square feet reQazdless of nroperty boundaries. Slope, verv steep. A natural topoeranhic feature with an averaQe slope over ei�hteen (18) percent measured over a horizontal distance of fiftv (50) feet ar more with more than nine (91 feet total vertical rise and a continuous area of more than two hundred (200) squaze feet re�ardless of roropertv boundaries. Top of verv steep slope A line along the ton of a verv steen slope such that the slone below the fine exceeds ei�hteen G18) percent measured over a horizontal distance of fiftv • feet and the slope above the line is eiQhteen (18) percent or less Sec.68.216. Establishment. � Article It, Critical Area Overlav Distxicts applies to that area of the citv within the boundaries of the desienated MississinAi River Corridor Critical Area For the pumoses of this code, the Criticai Area is herebv divided into the CA1 Critical Area Rura1 Ouen Space Overlay District. CA2 Critical Area Urban Open Space Overlav District CA3 Critical Area Urban Developed Overlav District and CA4 Critical Area Urban Diversified Overlav District. These Crifical Area Overlav Districts are shown on the critical area overlav zoning district maps accomroanvine this code which are herebv made a roart of this code as if the information set forth thereon were fullv described herein. Sec. 68.217. Compliance with reeulataions. Within the Critical Area Overlav Districts no structure fill or material shall hereafter be located, constructed, extended, or altered and no new use or chan e shall be made or maintained of anv building, shucture or land, or part thereof, except in conforxnitv with the provisions of Article II, Critical Area Overlav Districts and other applicable laws and regulations. Le�a1 nonconforminQ uses and structures existine on the effecfive date of this article or amendment thereto mav be permitted to continue as provided under local state, and federal reeulations. r1 LJ Division 2. 68.220. Administration 19 [�6 � 5� Sec.68.221. Permits. • No pernut shall be issued far erecfion, addifion, alteration, or use of anv building, structure or land within the Critical Area Overlay Districts that is not in conformance with the provisions of this article. Sec. 68.222. Site plan review. � A site plan shall be submitted to and apnroved bv the planning commission before a develoument nermit is issued for site work or the erection or enlargement of structures for all develoroment except a single one-familv dwelling and associated accessoiv structures that do not affect steep slones. The site plan shall include soil fvnes, topo�raphv, a ve�etation inventorv according to the rectuirements of section deternuned bv the zoninQ administrator as necessarv to ensure consistencv with this article. When necessarv to determine whether development affects steep slones or meets bluff setback rectuirements, and for development that afFects steep slones the site plan shall include Qraund vertical contour intervais of no more than two (21 feet sealed bv a licensed Minnesota azchitect, engineer, landscape architect or land survevor. For development that affects steen slobes, the zonine administrator mav require submission of a renort bv a licensed �eotechnical ar soils enQineer showinQ that tlze soil tvnes and eeologv aze suitable for the provosed develapment how the development will be accomplished without increasinQ erosion, and how veeetation will be manaeed to control runoff: If material chanees are made after the site plan • is approved, the site n2an shall be resubmitted to and must be approved bv the plazuvn� commission before construction ¢oes bevond the original pernut. 0 aporovin� a site nlan, conditions mav be imnosed where deemed reasonable and necessarv to protect the uublic interest and complv with the spirit and intent of the provisions of this article. Such conditions mav include, but are not limited to, the followin¢: retention and nlantine of veQetation; reduced lot coveraee and imroervious surfacin¢: and desi�n and location of buildin�s drives and parkin� areas to fit the nat�u topoQraphv. Sec. 68.223. Conditional Use Permits. An application for a conditional use nermit required bv this ardcle shall include a site p1an meetiuQ the requirements of section 68.222(al. A conditional use nermit mav be eranted only when tke nroposed use is consistent with the intent and purpose of this article, comvatible �vith uses in the immediate vicinity, and pemiitted bv all other applicable regulations. In approvine a conditional use permit, conditions mav be unposed as described for site rolans in section 68.222(bl. Sec.68.224. Variances. iucc�uiK ulc tcuuucuicu�� vi �c�uutt vo.��U'a.l- � auclll.l�n w LnG I�U]IeZIIeIIiS IOr ZOIllI1Q • variances in MN Statutes section 462357, the burden of proof shall rest with the 20 0�-751 • aprolicant to demonstrate conclusivelv that the variance will not result in a hazard to life or roroperty and will not adverselv affect the safetv use or stabilitv of a public wav slone or drainaee channel, or the natural environmenf If an application for a variance claims be imbosed as described for site nlans in section 68 222(b) Sec. 68.225. Notifv department of natural resources MNRItA and watershed a�st��t�. A corov of the anplication for a development permit far which the citv is required to hold a_public hearine shall be mailed to the department of natural resources critical area program at least thirtv (30) davs before citv action on the applicafion Notice of such application shall be mailed to the Mississiropi National River and Recreation Area and the watershed district with iurisdiction over the area at least fifteen (151 davs before a uublic hearine on the application A copv of all decisions t�rantinQ such permits or approvals shall be forwarded to the depariment ofnatural resources czitical azea proexam within ten (101 davs of such acfion. Sec.68.226. Amendments. All amendments to this article shall be made in the manner set forth in Minnesota Statutes Sections 463357 and 116G.10 MI3 Rules part 4410 9500 and Governor's Executive Order No. 79-19. All amendments to this article includin amendments to the critical area overlav zonine district maros, shall be submitted to the department of natural • resources critical area proQram and aroproved bv the commissioner of natural resources prior to adonfion. The department of natural resources critical area proQram shall be given thirtv (301 davs' written notice of all hearines to consider an amendment to this article. Such notice shall include a draft of the ordinance amendment under consideration. Division 3. 68.230. R-�'i R-��r r'a TT w ^ Critical Area OverlayDistricts Sec. 6_8.231. Intent, CA1 Critical Area Rural Onen Space Overlav District Lands and waters within this district shall be used and developed to preserve their open scenic and natural characteristics and ecoloeical and economic functions Undeveloped islands shall be maintained in their existina natural state; however, the transroortation function of the river shall be maintained and preserved Sec. 68.232. Intent CA2 Critical Area Urban Ouen Snace Overlav District. r ' ;" '�a `� Lands and waters within trus district shall be managed to conserve and protect the existing and potenrial recreational, scenic, natural and historic resources and uses within this district for the use and eniovment of the sunoundinQ reeion Open space shall be provided in the open river corridor is for public use and the protecrion of unique natural and scenic resources. The existing transportation role of the river in trus district • will be protected. (C.F. No. 03-241, § 2, 3-26-03) 21 b6 -� 5/ .. . - -- . � - ----- - - ---- - - � -- - - -- -- - -. . _. . - �,.. - . _. . . . �- - - - - .� -- - .. - - - - - - - , , . .. -- - -- --- -- - -- -- ---�- --- ,f��.�s _ „ . - . _. ..- , _ - Y. !1 �. �!� i� i\/. t i T[ ii7 i t a L=[ i i T� i Y i\ Sec. 58.233. Intent, CA3 Critical Area Urban Developed Overlav District. Lands and waters within this district shall be maintained largelv as residential azeas. The expansion of existing and development of new industrial, commercial, and other non- residential or non-recreational uses sha11 be limited to nreserve and enhance the residential character of this district. F.zer:rsr.e_�a_cr.�►.�.r.xrsznr_sr.ee�r:r_esrrs_ .+ts�.�ts�as�sc - • ' - ` - Sec. 68.234�. Intent, CA4 Crifical Area Urban Diversified Overlay District. T* :° :�+°ra°a ''�°+ +w° Lands and waters in this disfxict shall be used and developed to maintain the present diversity of commercial, indushiai, residential and public uses of the • lands, including the e�sting ttansportation use of the river; to protect historical sites and 22 6�-�5/ • areas, naturai scenic and environmental resources;.and to expand public access to and enjoyment of the river. New commercial, industrial, residential and other uses aFe mav be ` pernutted if they aze compatible with fhese goals. (C.F. No. 03-241, § 2, 3-26-03) Sec. 68.2354�. Permitted uses. The followin� uses shall be pemutted within the Critical Area Overlay Districts except uses specificallv rorohibited in secfion 68 236 or specificallv listed as conditional uses in section 68.237, provided that the use comrolies with a11 other anplicable laws and re�ulafions: residential uses. civic and institutional uses comxnercial uses nublic services and utilities, si¢ns, and transbortation facilities• and industrial uses in the CA4 Critical Area Urban Diversified Overlav Distriet r_w.,., r,:.,,, •� a i a• r �nd �ra�tic�n n£nrzw lilrl' ti �,� +t,e .,7«e ..+:,. _i,. � b_ _- __ _ -_ - P-vi tincthnilrlin� r F, +t, t a• i - �� . , (C.F. No. 03-241, § 2, 3-26-03) F=ns'c - - _ - !- ` � .. - - „ _ _ � - - . _. Sec. 68.236. Prohibited uses. � The followine uses shall be prohibited in all Critical Area Overlav Districts• � advertisin� sign (except those located on bus storo shelters courtesv benches and newsstands) � � • � � � dump, sanitarv landfill feedlot meat oackine plant metal shredder, lazee mi_ning � motor vehicle salva¢e operation � refinin¢ ofpetroleum ar easoline � renclerine rolants and tannine 10 stockvard 23 �-� 5l b� The followine uses shall be vrohibited in the CA1 Critical Area Rural Open Space . �verlav Disfrict, CAZ C`titicaI Area Urban Open Snace OverIav District, and CA3 CYitical Area Urban Developed Overlay District: � industrial uses (excent that indushial uses shall be pernutted in the CA3 district south of Ford Parkway and north of Aampshire Avenue extended to Mississippi River Boulevard, and between Raukin Street and Kav Avenue extended to SheUard Road) � auto imqound lot . � barge renair and cleaning facilitv � intermodal frei�ht vazd, auto mazshaling vard � municival incinerator � The following uses shall be prohibited in the CA2 Critical Area Urban Onen Space Overlav District and CA3 Critical Area Urban Developed Overlay Dishict: � bazge sliro, bazQe fleeting area � sewage treahnent vlant Sec. 68.23744. Conditional uses. �- . .� � �. -. - .�� . - .- �. � �- ., - .. � - �-� • - � - - - - .� � _ _ _ _ Y" _ _ i�\ � concrete, asphalt and rock crushinQ facilitv � recvcline processin� center, outdoor (b) � Conditional uses �-k�a are permitted only upon application and issuance of a conditional use permit by the planning commission. Exceot for the portion of the use that requires a riverfront location, conditional uses shaLl be set back at least one fiundred (100) feet from the ordinarv high water tevel, and ve¢etafion shali be established and maintained to appropriatelv screen the faciTitv from view from the river. The apnlication for a conditional use nexmit shall include a site nlan showing the location of buildines, areas of out@oor nrocessinQ and storaQe, fences, walls and landscaroinQ. A narrative sha11 accomnanv the plan stating the measures the aroplicant will take to address anv dust, erosion, noise, or other potenTiallv adverse effects. and satisfactorv measures shall be recauired and implemented. (C.F. No. 03-241, § 2, 3-26-03) • � \ • � � • • \ 1_ � • � ! �\ � • � p � � ■ � �\ • Y _ � Division 4. 68.240. Critical Area Standards and Re¢ulations . 24 �-� �"I . Sec:68.48241.Objeciives. The objective of standards and criteria is to maintain the aesthetic integrity and natural environment of the river corridor in conformance to the St. Paul Mississippi River Corridor Plan by reducing the effects of poorly planned shoreline and bluffline development; providing suffrcient setback for sanitary facilities; preventing pollution of surface and groundwater; m;nim;zing flood damage; preventing soil erosion; and implementing metropolitan plans, policies and standards. (C.F. No. 03-241, § 2, 3-26-03) Sec. 68.48242. Protection of s�e�elaa�s riverbanks, floodplains, wetlands and bluffs. (a) Generally. Development shall be conducted so that the smallest practical area of land be developed at any one fime and that each area be subjected to as little erosion ar flood damage as possible during and after development. (b) Location pT��^�,� ofstr�uctures and uses. f� New commercial and industrial develoroment in the floodnlain or within three hundred (300) feet of the ordinazv hi2h water level excent for the area of river, a need for a riverfront location, and/or enhance the river environment based on the followin� criteria• havine an economic or operational need for a river location, supportine the attractiveness of surroundine neighborhoods • sustaining the economic vitalitv of riverfront improvements offerine vublic access to and alone the river maintainin¢ views of the river cleaninQ up polluted areas on the site, and meetin� or exceedine natural resource policies in the citv's adopted comrorehensive plan Expansions of existin� uses in the floodplain or within three hundred (3001 feet of the ordinarv hiQh water level are accet�table, consistent with the natural resource protection requirements of this article. (2�) Struchxres shall be sat back from the ordinarv hieh water level at least one hundred (100) feet,'��ai��;*,b +w..,.,,.. �.. ,. ..w ,.,..... _r__,_,._ FVa�@�S aS—F�P'Fxihcul ;x, T�' � D,.,.t,.f;,, l�ro o'1 t, b ^� except those specified as exceptions in subsection (8�) below. '3 &nX.-n'ifi � 4 , ,nto«,. ..4 7e ..1- +. t, ,7 a ��t r n�rm�l hi(sh � �t � F t� � a w w�• nna-hainri �a aa. n cm F o« �.,.... «u,. ,._a:_---'-=-' J l J .7 1... «..1.1',. $°.��.'.°.. �) 1.uvxr.rocvs 2 •• _ _ ' ' (3�) No siructures, other than one-familv dwellines and associated accessorv shuctures and those uses snecified as exceotions in • 25 06-��/ subsection (81 below, �eue}egs�exb shall be pernutted on steep slopes � • t�,.,,, ...,o,. � n �� „e,-,.e.,� �4�) No �esi�t4� struchxres, �rading, ar fillinQ, except for those shuctures and uses specified in subsection (8) below, �e�e�egrx� shall be pemutted on verv steep slopes m-°�+e_+,...,, e:,.w«oe., n 4� ..o_,.e„t L4) No strucfures, gradin�, or fillinQ, excepf for those structures and uses specified as exceptions in subsection (8) below. �� a°°°�� shall •"� be permitfed on a bluff face, witivn at�as� foriy (40) feet � of a� blufflines, or within fifteen (15) feet of a bluff toe. .In the CA1 Critical Area Rural Oroen SUace OverIay District and CA2 Critical Area Urban Open Soace Overlav Dishict, such siructures shall be set back from the top of a verv steep slope a distance equal to the sum of the hei�ht of the verv steep slope and the height of the structure, to a masimum of fortv (40) feet. L�) To the �reatest extent possible, transportation, utility and other transmission service facilities and comdors shall avoid the followine: a. Steep slopes. b. Intrusions into or over streams, valleys and operi exposures of water. c. Intrusions into ridge crests and high points. d. Creating hxnnel vistas. e. Wetlands. • f. Dishxrbing forests � route along the fringe rather than through them or, if necessary, te route through forests urilizin�e open areas in order to minimize cutting�. g. Soils susceptible to erosion, which would create sedimentation and pollution probiems. h. Areas of unstable soils which would be subject to extensive slippages. i. Areas with high water tables�, Open space recreation azeas. L6) At river crossing points, public facilities, crossing corridors and other rights- of-way shall be consolidated, so that the smallest azea possible is devoted to crossing. L�) Exceptions: a. Location of piers and docks shall be controlled by applicable state and local regularions. The followin� are excevtions to fhe location requirements in subsections (2), (31, (4), and (51 above: fences and structures that do not require a building nernut: brid�es and brid�e approach roadways; roads, drivewavs and railroads as m;n;mally necessarv; trails, sidewalks and • stairwavs: scenic overlooks and public observation platfoxms; siructures 26 a�-7 sJ • needed for iransportafion safetv; essential service distribution svstems flood control siructures: and navi�ational, commercial, industrial or permitted open space uses aroplied to that roortion of the use requiring locafion on public waters ��; '�° _'___°= *� ��c'� ...�+° �,... ?�. „_•?�,..:,,, a The area of downtown Saint Paul alone the river's left descending bank from Chesfnut Street to the Lafavette/F3iehwav 52 brid�e shall be an exception to the location reauirements in subsecrions (31 (4), and (51 above. (c) Grading and fzlling. - - - - - - . �: (16) GradinQ and filling (when allowable) shall minimize site alterafion and protect environmentallv sensitive areas. Anv site alteration sha11 be the minimum area necessazv for development. Development shall fit existing topography and vegetation with a mirumum of clearing and grading. (2�) Grading or filling shall not beein unril applicable erosion and sediment control • measures have been implemented. Erosion and sediment control measures in accordance with anpropriate best mana�ement roractices shall be tnaintained during and after Qradin� and fillin�. Erosion control measures and reveQetation olans shall make maximum use of native veQetation I�Te Rehabilitarion slopes sha11 be stabilized with plant materials, normallv should not exceed a 4:1 slone without �ood cause shown, and shall not exceed a 2•1 rw..ii t,� .,.��nar th..,, e•,.t,+ee., i, 4� ,. . slope. ' _'__ �"� r _"' _' (3�) Grading a� OT lllllllg � a:caS Cv'rno "�n OI 2Sly other substantial altezation of the natural topography shall be controlled in accordance with the following criteria: a. The smallest amount of bare ground shall be exposed for as short a time as feasible. b. Temporary ground cover shall be used. c. Methods to prevent erosion and trap sediment shall be employed. d. Fill shall be stabilized. e. All disturbed areas shall be restored with veeetation bv the completion of the develoroment. L�) Only fill free of chemical poilutants and organic wastes shall be used. (�} Solid waste disposal and landfill s� is not �e pemutted �� *� °��t f'......:.7...- Tl:..f,-;..4 . �v�avrnr�sricc. 2� o�-�5i . - - �- - - --- ..- -- - - /S$\ 7l ,7 ' f 1. 1 ,i rl ,7 ,.1, 11 1, il,. .7 7.� i,��., 't .'il r �/ mv¢bazb—arcrmrorczvus 'vroc.mia .,m:o..... a a,.,.o`vv' vi._.� vdx.....a is is'4.a i.�vc '� . _ _.a- �_. - °_"��* �• ~ *'�° ••�°*'""''. Dredein� for nurposes of maintainin� the river for navigation shall follow the most current state and federal ree,ulations. All other dredging,. when allowed, shall be limited as follows: a. It shall be located in the azeas of min;mum vegetarion. b. It shall not significantly change the water flow characteristics, or adversely affect significant fish and wildlife habitat or Urotected vegetahon. c. The size of the dredged area shall be lixnited to the absolute miiuinum. d. Deposit of dredged material shall not result in a change in the current flow, or in destruction of vegetation or fish spawning azeas, or in water pollution. (C.F. No. 03-241, § 2, 3-26-03) Sec. 68.48243. ManaQement of vegetation. � Generallv. Development and ve�etation shall be mana�ed � so as to� provide for nrotect and enhance visual bufferinQ and ecosvstem function 21 control • erosion and minimize runoff; 3) Ureserve, protect, enhance and restore the natural gualities of the river corridor• and 4) preserve, enhance and restore piant and wildlife habitats . �b Existin� nafive and non-native, non-invasive ve�etafion, and wildlife habitat shall be protected and maintained to the Qreatest extent uossible• their disturbance shali be miuiinized. Anv new development shall be located on the site so as to maintain visual bufferinQ and ecosvstem function. Endangered and threatened snecies identified in the Minnesota Deoaztment of Natural Resources (DNRI Natural Herita�e Data Base shall not be disturbed. The nla.nninQ or zoning admiiustratar shall refer to the Minnesota DNR Natural Heritage Data Base when reviewing all building fill or grading uexmits and subdivision anplications for roronerties in the Critical Area Overlay District. If the nroperty is idenrified in the Minnesota DNR Nahual Heritage Data Base as potentiallv hauing endangered or threatened species, a site survev identifying the location of anv and all endan�ered and threatened species identified in the Data Base shall be required. �e) An inventorv of all existing trees of three (3) inches DBH or larger and native shrub areas within the limits of disturbance shall accompanv anv applicafion for a buildin� fill or esadine permit that causes disturbance to existinQ veQetarion at the ground level. Such inventorv shall show the location and st�ecies of each tree and native shrub area, and the diameter at breast heipht (DBI� of each tree. A sunilar inveatorv shail accompanv anv anplicarion for site plan or subdivision review and shall include the entire parcel(s) for which site plan or subdivision aoproval is bein� . � Gb - 75/ • requested. For site nlan or subdivision anplications that contain areas ¢reater than five thousand (5,0001 square feet where no trees or shrubs will be disturbed in anv wav, an inventorv need not be brepared for the undisturbed area but the azea must be cleazlv marked and maintained as an area where no disturbance will occur _'-�Te �l+e,-..s:..., ..F+l.e ....1�..,-..7 a o..4 :� ...1 ..F. e...,l- l. 17 L j .,l.e« .....1. ..7s.,�..ti..�. .. ,..� . ..lA A;�.-.;,.7..7. <t.� ..l.:l:a_. ,.fA,.�„��'_` __'n�ier_ . $� �i`r's ;... � D .: � .,: r .�.'�.�r _ � For development requirine a buildinQ $11 or eradine permit subdivision approval and/or site plan review, compliance with the followine standards is mandatorv� in all other cases, comroliance is encouraQed � Ve2etation removed due to development shall be replaced with nafive veeetation or native cultivazs to the extent nossible elsewhere on the site- Where native trees are removed, thev shall be reolaced at a ratio of a minunum of one-to-one (1:1) with native or native cultivar tree species of similar hroe densitv and mature heiaht The hi�hest rorioritv for retilacement veQetation shall be to prevent erosion and buffer the structure's visual imoact on the river and river vallev with the other roumoses under Sec 68 243 followin�. If on-site rerolacement of ve�etarion is not nossible replacement native or native cultivar veQetation shall be established within one olantine � elsewhere in the Critical Area Overlav District. If a suitable off-site locafion • cannot be deterxnined, a fee in lieu thereof sha11 be assessed for the repuired �lacement The fee amount shall be equal to the current value of each tree or shrub based on the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Studies and Ever�reens " prenared by the International Societv of Arboriculture plus ten (101 percent All funds � collected, and interest earried thereon sha11 be maintained in a seroarate fund and shall be expended bv the Director of Parks and Recreation exclusivelv for ve�etation replacement within the Critical Area Overlav District Replacement ve�etation shall be maintained for at least two (2) years bv the propertv owner responsible for pianfing it ar subsequent owners of propertv Anv replacement ve�etation that dies or is found to be diseased durizig that tW0-VeaT'peri��l c}fa�� Iia rPr�larE+rl .:.;+h;,, o/� � N�^ Jcal � Renlacement plantings shall alwavs be veQetation suitable for the site's ecolo�v, and soil, lieht and water conditions. � A natural shoreline buffer (nafurallv-occurrin� sand banks rock outc�s and vegetated areasl of a minimum of one hundred (1001 feet from the ordinarv high water level shall be retained restored or created to provide for ootimum nparian ecosvstem functions and to helo minimize the impact of runoff sediment and nutrients from adiacent lands into the water Where appropriate when restorine redeveloroinQ ar stabilizin� the river's edee soil bioen�ineerin� techniaues and native plantines shall be used alone or in • combination with conventional eneineered solutions The visual imnact of flood control structures shall be minimized throu h the use of native 29 b� 51 � � vegetation Exceptions are allowed for development that cannot Uhvsicallv • function without a riverfront location such as bar�e loadui�/unloadui� facilities� such develoument need not urovide a natural shoreline buffer between its river-denendent facilities and the river. Canopv cover shall be optimized wherever new development or redeveloument of a site occurs Landscavin� shall be incomorated to the greatest extent vossible to achieve visual buffering and ecosystem function. New development or redeveloument of a site adiacent to publiclv-owned nature preserves sanctuaries and other spaces specificallv dedicated to tl7e n reservation of ve�etation in its natural state shall use local Qenotwes, not horticultural varieties or cultivars of native species to the preatest extent possible The list of such sites shall be maintained bv the plannin� administrator. � On sites that have a tree canopv the essential character and densitv of that canopv sha11 be maintained. �f Cleaz cuttin� of trees and shrubs is prohibited excevt the m;nimum amount necessarv for approved roads utilities stormwater manaeement facihties, stxuctures parldng azeas and native vegetation restorations. In those cas where clear cutting is necessarv, anv exposed, erosion-nrone soils shall be stabihzed. (g�) Ott very steeU slopes witkun one hundred (100) feet of the ordinarv high water level and within fortv (40) feet of bhifflines removal of the shrub and canopv layer • shall be prohibited except the min;mum amount necessarv for uhhhes, transportation infrastructure irails native vegetation restorations and develoument that cannot physicallv �ction without a riverfront location. In those case w here removal is necessarV anv exposed erosion-prone soils shall be stabiltzed. �Fe � t1 7 7 Ffl' s+' 1. 11 1, e.7 .. ..t+e,-e.7 o tc,.4 kY...t .. ,-e.i � F+ b �hs) Removal of non native invasive trees and shrubs and renlacement with native trees and shrubs is encouraged Non-native invasive woody plants mclude but are not limited to the following snecies• Amur maple (Acer pinnala) Norwav maple (Acer pl atanoides) 7apanese bazberrv Berberis thunber2ii) Siberian' peashrub (Cara�ana ar6oYescens) Russian olive (Elaeapnus an,gustifoZia) Exotic honevsuckles (Lonicera tartarica Lonicera morrowii Lonicera x bella), Common buckthom (Rhamnus cathartica) Glossv or alder buckthorn (Rhamnus fran�ula), Black locust (Robinia vseudoacacia) and Siberian elm (Ulmus pumila). Anv removal of noa-native invasive trees and sl�rubs shall utilize best-management practices for erosion control Total removal shall be prohibited if such removal will result in exposed erosion-prone soils• in this case removal of non-native mvasi trees and shrubs shall be phased over several vears to allow native replacement veeetation to take hold and prevent erosion. r..». _..!` �- �'��" ''° "`^'';'';+"� .v .."'_" _' r_'"___'_ F f 1 e.i ,.1�.1' .7 +:i'ti �7 y � r ��° • 30 D6-�51 . ��) Requirements of this section shall not be deemed to prevent establishment and maintenance of urban lawns decorative borders and �ardens, maintenance pnmine for the health of trees and shrubs or trimnunQ to remove nuisance conditions, provided visual buffering in sutnvier, leaf-on condirions is maintained to the maYimum extent possible. An exception shall be allowed for maintenance pruninQ of trees and selective cuttine of shrubs to provide views from scenic overl_ooks on public 17roPeltV. '`T `' ' � + +� �.�" �,a �.� �a �n„ �,,,,,.r;,, a �. (ie) Requirements of this secfion shall not nrevent the removal of hazard trees. A °hazard tree" is a tree that exhibits damage resultine from insect, disease, age, or storm and if it were to fall would be a safetv risk to roeople or propertv. Renlacement of hazard trees wiffi native trees or native cultivars of sunilar type, densitv and mahxre height shall occur within one plantin� vear. Replacement vegetation shall be maintained far at least two (2) vears bv the propertv owner responsible for plantink it ar subsequent owners of propertv Anv renlacement vPUetation that dies or is found to be diseased during that two-vear neriod shall be replaced within one (1) plantin� year. `x'�`�-�r^ � `-�'��` �.,...: �'. a .. - a:-• • •: - - :c '-- a: - - ° - - .� . ... • Sec. 68.49244. Protection of water quality. (a) Generally. Development shall occur so that surface and subsurface water is not adversely affected by contaminants. Water quality should meet or exceed state standards. No use shall be permitted which is likely to cause pollution of water, as defined in Minnesota Statutes, Section 115.01, Subd. 13 unless adequate safeguards approved bY the state pollution control aQency, are provided. (b) Contamination. (1) Development shall not be permitted on wet soils, very shallow soils, soils with high shrink-swell or frost action potential unless it is shown that appropriate construction techniques capable of overcoming the restrictive condition will be utilized. (2) Individual se�vage treatrnent systems, as defined bv Minnesota Rule 7080.0020, shall not be permitted where public sewer systems are available. In areas where public sewers are not available, such individual sewa�e treatrnent systems shall be set back from the �e�a� ordinarv high water x� level at least seventv-five (75) feet and setback from the bluffline at least fortv (40) feet. � ��a^ ,°:*" "�° �,°�� ^° �,.'�';� < ,-:1.0.7:.. TiT;..«e....1-.. De....l..+'..�..�TTD 4'l� � �� rre�� . . . .. . __ - _ __ _.- - _. . _"' _'r_"___ _._ "..__-__. ...... _... �. • • - ' ' ' _ ' �� ; "" 31 D�- � 5 f (3) Private wells shall be placed in azeas not subject to flooding and up slope from • any source of contamination. Wells already existing in areas subject to flooding shall be floodproofed in accordance with accepted engineering standards as defined in the i�i€er�t Minnesota State Building Code. (4) Commercial or industrial land uses requuing the storage or production of materials or wastes that may create a pollution hazard for groundwater or surface water shall be prohibited unless the quality of both the groundwater and surface waters can conform to all apglicable state and federal standards, criteria, rules and regulations. (c) Runoff. (1) 5tormwater runoff controls for develoroment shall be in accordance with standards set forth in Chapter 52 Stormwater Runoff of the Leeislahve Code. i a i-,a a nr�r + ,: y „i..w b (2) Develo ment shall be lanned and conducted to muumize runoff rate and voluxne and to ixuprove qualitv of runoff throuQh site desipn and apnronriate best mana�ement roractices Best management practices aze descnbed m the most recent versions of Minnesota Polluhon Control Agencv nubhcahons "Miunesota Stormwater Manual" and `�rotecting Water Qualitv in Urban Areas " Best management nractices must be adanted to the site and can be � adopted &om other sources• however thev must be sumlar in numose and as effecrive and stringent as the Miimesota Pollut�on Control Agencv's best mana ement ractices. dtlier sources include current versions of "Mmnesota Small Sites Urban Best ManaQement Practices Manual" Metronolitan Council Environmental Services and `Brosion Control Desim manual," Minnesota Det�artment of Transportation. �T��r � "''^~°'^""' ^"a 9?�z��r 1 x2� �rriv - ,7 r ,7 .rF �� ..,,,,ff_ '1 ..� �•• Y •i' „t«:e.,t.. . (3) Sediment shall be controlled and retained within the development site area in accordance with apuropriate best manaQement practices as described and referenced in subsection (2) �` '' fi " �` "" ,+ """'° + '""� ..T '' +''� �€` �12g�� a�e��-�i��x�' a' + � �e „ff� a• + � ,, . ,. :, ,,,.�«;�,,,. �o+.,, ,.... (4) Stormwater runoff �� released to a drainage system shall be directed in such a manner as to travel over � vegetated areas rather than across established surfaces. (3�) Stormwater runoff may be directed to wetlands only when free of silt, debris and chemical pollutants and only at rates which will not disturb vegetation� e� increase turbidity or impair the wetland. . .w..., +...o�.,e r� L56) Development �-�al�es-gla�e neaz stee slopes � ,, �ea� shall not result in increased runoff onto those slopes sufficient to damage slove integritv, vegetation� or structures thereon. Except for • necessary erosion conirol in accotdance with appiopnate best manaQement 32 Db • pracrices stormwater mana�ement facilifies shall not be con siructed on an bluff face, wifhin foriv (40) feet of a bluffline, on verv steep slopes, or vnthin a distance from the ton of a verv steep slone equal to the height of the verv . steep slope to a maximum of fortv (401 feet. (6�) Plans shall be submitted to the planning commission for any development placed landwaxd from dikes, floodwalls or levees which is below the flood protection elevation of the clikes, floodwalls or levees. The plans must provide measures to ensure that floodwaters do not back up onto the development from stormwater drainage systems. (C.F. No. 03-241, § 2, 3-26-03) Sec. 68.245. Protection of vie�vs. (a) Generally Development shall be conducted so that consistent with citv plans and an urban settin� the desi�n of new structures reflects the nver co_mdor's natuxal character and resoonds to touo�raphv bv nreservin� cnhcal pubhc and vanoramic views of and from the river and bluffs Site plans for develoroment shall ensure that structure placement bufferin¢ landscaping and re-vegetation are compatible with t he chazacter and use of the river corridor in the particular district� provide o pnorhxnities for open space establishment and for public viewine of the river conidor whenever applicable• maintain riverbanks, bluffs_and scemc overlooks in t heir natural state and minimize interference wrth views of and from the nver, • except for sroecific uses requirin� river access• and nrovide for the screenin� of existing development which consritutes visual intrusion wherever aproropnate. (b) Yiew corridors In the CA3 Critical Area Urban Developed Overlav District and in the CA4 Critical Area Urban Diversified Overlav District view corridors the width of the street right of-wav shall be protected and extended when reasonablv ossible to the river valle from streets essentiall e endicular to the river. (c) HeiQht of structures For develooment where the elevation of existine natural topoeraphv is altered bv more than five (51 feet the grade from whi the height of structures is measured shall be the elevation of the Qround surface prior to e xcavation or fillin� The heiQht of structures shall be limited as follows: ( 11 thirtv (30) feet maa{imum in the CA1 Critical Area Rurai Open Snace Overlav District and in the CA2 Critical Area Urban ppen 5pace Overlav Distnct '2} In the CA3 Crifical Area Urban Developed Overlav District and in the CA4 Critical Area Urban Diversified Overlav District: a thirtv-six (36) feet maximuxn within two hundred (2001 feet of the river ordinarv hi�h water level• b fortv-ei�ht (481 feet maximum within five hundred (500) feet of the river ordinarv hi�h water level a thirtv-six (36) feet maYimum between the bluff toe and bluffline and • within one hundred (100) feet landward of a bluffline; d fortv-eight (48) feet maximum within tluee hundred (3001 feet riverward 33 d�-� �� of the bluff toe; • e in the remainder of CA3 and CA4 Critical Area Overlav Districts not s ecified in f2)a d above foriy-eight (481 feet maa�imum m the CA3 Critical Area Urban Developed Overlav District and su�tv (601 feet masunum in the CA4 Critical Area Urban Diversified Overlav Distnct. (d) Exc eptions to heiQht limits for specific areas The followinQ exceptions to the height lunits in paraaravh (c) above shall be pemutted: (1) the azea of downtown Saint Paul along the river's left descendin� bank from Chestnut Street to the Lafavette/Highwav 52 bndge where the ket�kt of structures shall be limited as follows: a fifteen (151 feet masimum between Wabasha Street and one hundred twelve (112) feet east of Robert Sireet withm KelloQg Mall hei�ht shall be measured from the established grade of the park; b ninetv (901 feet above Saint Paul Datum between Wabasha Street and St. Peter Street (extended); c thirtv six (36) feet ma�cimum within four hundred (4001 feet northeast of Chestnut Street, with sisty (601 feet maximum allowed on the block bounded bv Chestnut Street Eagle Parkway and Exchange Street; , .. �� . - a thirty si�c (36) feet masimum within tu'o hundred (2001 feet of the river ordinarv high water level; b foriv ei¢ht (48) feet maximum within three hundred (3001 feet of the river ordinarv high water level; c sixtv (601 feet maximum in the remainder of the azea with seventv-two (72) feet maximum allowed within two hundred (2001 feet of the centerline of Filmore Avenue; (3) the Upper Landin� azea along the river's left descendine bank from the_Smith • Avenue High Bridge to Chestnut Street witrun five hundred (5001 feet of the 34 (Z) the area of the West Side Flats bounded bv the river, Wabasha Street. Plato Boulevard, and Robert Street where the hei�ht of structures sha11 be hmited as follows: �6-75f . river ordinarv high water level where the height of the structures shall be limited to siztv (60) feet maxisnum. (e) Exceptions to hei,eht Zimits {or speci�c structures. The following structures are exemnt from the heiQht limits in paraeraphs (c) and (d) above: {1) bridees brid�e annroach roadwavs stauwavs structures needed for tran�ortation safetv essential service distribution systems transmission services navi�ational and industrial uses requiring river access (but onlv to fhe extent a taller structure is needed for a river-dependent operational processl and restoration or reconshuction of historical structures that are (21 publiclv-owned medium-scaled landmark civic structures mav be permitted with a conditional use permit. Sec. 68.246. Dedication of land for narks, onen suace, and river access. (al Generallv. Pursuant to Minn. Stat. Sec. 462358, Subd. 2, as amended and as otherwise brovided below, for rolatting of land, for lot snlits for multiple-family residential development for lot srolits involvinQ more than one-half acre of land and for anv develoument under the provisions of the PD Planned Development District the owners subdividers, or developers of the land shall convev to the citv or dedicate to the public use a reasonable portion of the land for nublic use for • parks trails open soace river access or conservation rourposes according to the requirements of this section and the pumose of this article stated in section 68 211(bl A phased development shall be considered one develoroment for this provision The Director of Parks and Recreation Pazks Commission or City Council shall determine the location and confi�uration of any land dedicated, taking into consideration the suitabilitv and adaptabilitv of the land for its intended pumose future needs of the oroposed development and followine criteria• (11 con£ormance with the citv's adopted comprehensive plan and development or protect plans for sub-areas of the city; (2) areas identified for protection or restoration in an adopted city, reQional, state, or national plan; (3) areas that connect existing components of the open space network; (4) areas that provide riverfront access or public views of the river and river vallev: �5) areas adiacent to the river or existing public parks, trails, ar open space; (61 areas reuresentine si�nificant landforms, narive plant communities, sensitive hab9tat, or historical events; (7) areas containing vegetation identified as endangered or threatened, or that provide habitat for anitnals identified as endan�ered, tlu�eatened, or of special � concem under 15 U.S.C. & 1531 et. seq. or Minn. Stat. $ 84.0895, and rules adonted under these resnective laws; 35 b�-��l (8) areas of riverbanks floodplains wetlands natural ponds creeks, streams, or • bluffs; (9) land dedicated solely for roadway stozmwater retention or utilitv purposes, or otherwise unsuitable for the Aurposes listed above shall not be accepted; �101 dedicated land shall be accessible to the public served unless the Director of Parks and Recreation Parks Comm_ission or Citv Council determines that the dedicated land is an environmentallv or ecolo�icallv sensitive area for which public access would be deirimental. �b Parkland dedication formula For residential land the propertv owners, subdividers or developers shall dedicate twelve (121 percent of the total land area, on a one tune basis for the purposes fisted in subdivision (a) of this section. For commercial and industrial land Qreater than one (11 acre in size or adiacent to the river, the provertv owners subdividers or developers shall dedicate twelve (121 percent of the total land area on a one fime basis for the purposes listed in subdivision (a) of this section. (c Parktand dedication option• land and/or cash dedication. At the discretion of the Director of Pazks and Recreation Parks Commission or Citv Council, the owners, subdividers or developers of prouertv subiect to this secfion shall contribute an axnount in cash in lieu of all or a portion o£ the land required under subdivisions (a) and (b) of this section or an equivalent value of imbrovements as approved bv the Director of Pazks and Recreation, Parks Commission or Citv Council. The amount of cash shall be based upon the Countv Assessor's estimated market value of the • total land azea, at the time of citv avproval of the subdivision or PD Planned Develoroment District multinlies bv the nercenta�e of land that would otherwise be dedicated Not withstanding the dedication formula in subdivision (bl of this section the maacimum amount of cash dedication required under this section shall not exceed three thousand dollars ($3000 00) uer dwelling unit. The Citv Council mav review this ma�cimum cash dedication amount on a vearlv basis and adiust it for inflation Tn detemin;n� whefher land dedication or cash in lieu thereof will be required the Direcfor of Parks and Recreation. Parks Gommission o CitV Council shall consider without limitation the suitabilitv and adaptabilitv of land within the site for the purposes listed in subdivision (a) of this secrion and criteria for land dedication in sub@ivision (a) of this section. (d) Parkland dedication option � private land for public use The Citv Council mav, at its discretion waive all or a nortion of the above land or cash dedication required under (b) or (c) of this section and enter into an agreement for the private development and/or maintenance of land for public use for narks trails oven space, river access or conservation purposes within the prouosed subdivision or development subiect to the followin� conditions: (1) The land azea or value of the land and impxovements privatelv develoued and maintained for uazks trails open svace river access or conservation Uumoses must at least eaual thaY required under this ordinance. r1 LJ � �6 / � (2) Land facilities and improvements accepted under this provision_ shall be accessible to the public in a manner similaz to uubhc land. (3) The Citv Council must find after recommendation of the Director of Pazks and Recreation and the Pazks Commission that such land and imrorovements will serve the purposes listed in subdivision (a) of this section; and (4) The Citv and the owners subdividers or develoroers of the land mus have executed a narkland development a¢xeement insunn� that snecified land shall be developed and maintained bv the owners subdividers or developers, and anV and all successors in interest thereof, o€ anv tvne whatsoever, wYuch include a covenant runnin� with the specified land indicating that the land to be developed and maintained for the pumoses listed in subdivision (al will revert to the Citv in the event of a failure to comvlv with this requirement. When a recordable covenant concemin� the ownership maintenance or use o private azeas and facilities for parkland development is requu'ed, the covenant ' shall be submitted to the Citv for approval Such covenant shall be recorded prior to ar at the same time as the subdivision and prior to final crty approval of a PD Planned Development District. (e) Parkland dedication • conveyance standards Prior to dedicarion and conveyance of • the required propertv to the Citv the owners subdividers or developers shall ��_ ti_ n:�. 'st, .,« �..<n4a}�la ahetrar.t nf fit1P nr re¢tstered pT'Opel$V 3bSLT3Ct piOVluc iiic �.i y "" for all land dedicated for nurposes evidencing ¢ood and marketable t�tle without liens or encumbrances of anv kind except those encumbrances which the City Council has approved or required in connection with the proposed plat. The foregoine abstracts shall otherwise evidence Qood and marketable trtle free and clear of anv mort¢ages liens encumbrances assessments and tases. For subdivision of roropertv for anv required dedication of land that is not formally dedicated to the Citv with a final vlat the landowner shall record_ all deeds for conveyance of the pronerty to the Citv prior to or at the same time as recordin� the final olat or other appropriate subdivision documents Deeds for convevaf�ce of propertv shall be recorded priar to fmal Citv Council approval of a PD Planned Development District. (fl Parkland dedication• parkland development special fund. All funds collected p ursuant to the roarkland dedication requirements of tkus secri and mterest thereon shall be deposited in a parkland development special fund and used solelv for the acquisition and development ar improvement of lands dedicated for pubhc use for parks trai open s ace river access or conservation nurposes m the Criticai Area in close proximitv to the subdivision or development. Such funds may not be used for ongoin� operations or maintenance All fund expenditures shall be apnroved by the Citv Council unon recommendation of the director of � 1U11LL 4V1t411VUUViau v��wa .iv w �_ _ ______ __ _ _.. _ ._ plat or PD Planned Development District and as a condition of final Citv approval of anv lot snlit except when anproved bv the Citv Council m the case of a 37 C�-�51 develooment constructed in "phases " funds otherwise required for each • construction phase of the development shall be collected pnor to obtauung the first building permit for that phase Payxnents made to satisfv the requirements of ttus section shall be made senarately from anv pavments for building roernuts or anv other payment. � • ki3 o6-�5i • PROPOSED MAPS FOR THE NIISSISSIPPI RiVER CRITICAL AREA OVERLAY DISTRICTS The 18 fold-out maps that follow show the four overlay zoning districts proposed by the Mississippi River Crirical Area Task Force. The first map shows the whole Critical Area in Saint Paul, followed by more detailed maps that follow the sheet-by-sheet numbering system that is being implemented for zoning maps in Saint Paul. The detailed maps show the bluff areas as well as the overlay zoning districts. The proposed Critical Area overlay districts can be compared to the existing River Corridor overiay zones, which are shown on a small citywide map at the end of Appendix B. � LJ • 39 t��51 TASK FORCE MEMBERS SAINT PAUL'S NIISSISSIPPI RiVER CRITICAL AREA Members Staff Gregory Page, Chair Larry Soderholm Saint Paul River&ont Corporation Saint Paul Dept. of Plaiming and Economic Development (PED) Matt Anfang Centex Homes, Inc. Allan Torstenson Saint Paul PED Mike Detomaso Riverview Economic Development Assn. (at time of appointment) 5andy Fecht MN Dept. of Natural Resoarces (DNR) John Grzybek Climb the Wind Institute Lorrie Louder (replaced Steve Hardie midway through the process) Saint Paul Port Authority Steve 7ohnson National Park Service - Mississippi National River and Recreation Area (MNRRA) Deborah Karasov Ctteat River Crreening Chip Lindeke Rafferty Rafferty Tollefson Lindeke Architects Peggy Lynch Friends of the Parks and Trails — St. Paul and Ramsey County Dan McGuiness Audubon Lee Netson Upper River Services Nancy Duncan MNRRA (alternate d�sing Steve Johnson's medical leave) Lucy Thompson Saint Paul PED Wendy Lane Saint Paul Office of License, Inspeetion, and Environmantal Protection (LTEP) Lany Zangs Saint Paul LIEP .� � r �, � J • d � �751 i LIST OF APPENDICES A. Execurive Order 79-19 B. Existing River Corridor Overlay District Regulations (with a citywide map of River Corridor Overlay Zoning Districts and a map of the underlying zoning) C. Zoning Revisions Proposed in the Mississippi River Corridor Plan 2002. (List from pages 52 — 54. The entire plan is available at the City of Saint Paul web page: ci.stpaul.mn.us/departments/PED/comprehensive plan) D. City Council Resolution 04-357 Establishing the Mississippi River Crirical Area Task Force E. Sample of Meeting Minutes (complete minutes available on request) F. Recommended Ordinance with Annotations G. Sample ofBluff and Steep Slopes Maps H. Analysis of Dimensional Zoning Nonconformities I. Agency Roles • Supplemental Appendices: Public Input to Task Force J. Staff Smiunary of Oral Testimony K. Public Testimony (complete written record) (The Supplemental Appendices are printed in a separate report because of the volusne of written public testimony the task force received. Many readers of the report will not care to read all of the letters and emails.) • 41