Agenda - Environmental Policy Board - 04/15/2019

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being part of MRCCA, which is more restrictive), compliance with the State's shoreland rules is required for the portion of the land outside the MRCCA boundary. Staff is working through this with DNR staff to determine how this segment of the river is classified so that the appropriate bulk standards are utilized (e.g. lot width, setbacks from OHW and bluff -line, etc.). Staff is asking for additional information to be included on certain plan sheets to verify compliance with the applicable standards. Floodplains Portions of the Subject Property fall within the Floodway and Flood Fringe floodplain boundaries. The Floodway area is isolated directly adjacent to the Mississippi River and does not appear to be impacted at all by the proposed subdivision. All three (3) outlots, plus the proposed lots on Blocks 2 and 3, all lie within or at least contain portions of the Flood Fringe designation. Fill can be used to elevate structures in the Flood Fringe to ensure that the lowest floor elevation is at or above the Regulatory Flood Protection Elevation (RFPE). Per the Grading Plan, it appears that the lowest floor of all of these buildings will comply with the RFPE standard, but an Elevation Certificate, prepared by a licensed surveyor, will be needed for each of the lots in Blocks 2 and 3 to verify compliance. At the time of Sketch Plan review by the EPB, Staff had not heard back from MN DNR staff regarding siting a stormwater pond within a floodplain. However, since then, Staff has received communication from DNR floodplain staff stating that there is nothing that prohibits this design. Again though, based on the MRCCA standards regarding vegetation management, it appears that modifications will be necessary and this may result in relocating the stormwater pond. Density Transitioning Due to the adjacent, existing residential neighborhood, Density Transitioning is required along the western boundary of the Subject Property. If landscaping is used to satisfy this requirement, the vegetative buffer will need to be a minimum of twenty-five (25) feet in width and be held in common ownership. Within this buffer area, for every 100 feet of property boundary, there shall be two (2) overstory trees, two (2) evergreen trees, and two (2) understory trees and plant sizes shall be a minimum of 2.5 inch caliper, six (6) feet in height, and 1.5 inch caliper, respectively. The Developer had submitted a revised Landscape Plan in March that appeared to sufficiently address the density transitioning requirements with landscaping. However, with their official submittal, the Landscape Plan no longer includes those additional plantings. Staff has noted in the Staff Review Letter that additional plantings along the western side of the project must be included to satisfy this requirement. Tree Preservation This submittal did include a Tree Preservation Plan. As proposed, all trees within the southwestern corner of the site (within the MRCCA) would be removed to accommodate a stormwater pond. Per MRCCA standards in City Code, clear cutting within 200 feet of the OHW is not permitted. The plans will need to be modified to avoid clear cutting within the MRCCA overlay district. Aside from the aforementioned needed adjustments, the Tree Preservation Plan does appear to comply with current standards through reforestation efforts as outlined in the Landscape Plan. Landscaping A Landscape Plan has been received and is generally acceptable with the exception of the density transitioning Additional plantings will be needed to buffer the proposed use from the existing neighborhood to the west. Staff has outlined this in the Staff Review Letter. Understanding that some tree removal can occur within the MRCCA, a recommendation by Staff would be to require additional new plantings nearer the river. Additionally, rather than a commercial turf seed mix, Staff would recommend utilizing a seed mix with deeper rooting species. Funding Source: All costs associated with this project are the Applicant's responsibility. Action: