Agenda - Planning Commission - 10/02/2025

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Staff connected with the MN DNR regarding this project, prior to the Applicant submitting the Land Use Application. The DNR Area Hydrologist noted that their greatest concern with impervious coverage is within the Shore Impact Zone (SIZ), which is calculated at fifty percent (50%) of the minimum setback from the OHW. For General Development Lakes, which Magnesium Street Pond is classified, the setback from the OHW is fifty (50) feet, making the SIZ twenty-five (25) feet from the OHW. The proposed improvements are far outside this area. Additionally, per the Lower Rum River Watershed Management Organization (LRRWMO) standards, the first one inch (1") of rainfall must be infiltrated on site. This standard did not exist when the Subject Property originally developed. Thus, as a result of these proposed improvements, there will actually be enhanced stormwater management compared to the original development of the Subject Property. The MN DNR Area Hydrologist noted that they would encourage the use of appropriate stormwater infiltration practices, such as riparian vegetation, permeable pavement, bioretention, etc. The Applicant is proposing to utilize riparian seed mixes for the infiltration basins ('Wet Ditch' and 'Emergent Wetland' seed mixes) and the majority of tree species included in the Landscape Plan are native to Minnesota. Finally, the project must comply with not only the City's stormwater management requirements, which address both water quality and runoff rates, but also the LRRWMO's stormwater management standards as well. Staff has forwarded the Site Plan and Landscape Plan to the DNR for official comment. A response was received on September 22, 2025. The MN DNR stated that as long as there is no direct runoff from the Subject Property entering the public waterbody (Magnesium Street Pond), they would not likely provide any formal comment on the request (i.e., they would have no objection to the requested variance). The Applicant provided responses to several "practical difficulties" in justifying the variance per City Code Section 106-220 (see attached Applicant Narrative). This request was reviewed by the Environmental Policy Board (EPB) at their September 15, 2025, meeting and the EPB recommended approval of the variance. Alternatives Alternative #1: Approve the variance to impervious coverage on the Subject Property as requested by the Applicant. There are more stringent stormwater management regulations in effect today than there was when the Subject Property was originally developed, including the requirement to infiltrate the first one (1) inch of rainfall on site. Furthermore, the post -development runoff rate cannot exceed the pre -development runoff rate. While the project is in the Shoreland Overlay District, it is separated from Magnesium Street Pond by a four (4) lane county highway (Bunker Lake Boulevard), is well outside both the SIZ and all required setbacks for a General Development Lake, and does not directly discharge into that waterbody. The project is incorporating riparian vegetation within the infiltration basins and will be landscaped with primarily native tree species. Staff supports this alternative. Alternative #2: Do not approve the variance to impervious coverage. The City sold this land to the Applicant almost twenty (20) years ago, with the intention of seeing this business grow and expand. The project will properly address stormwater so that there is not a negative impact on Magnesium Street Pond. Staff does not support this alternative. Funding Source: All costs associated with this request are the Applicant's responsibility. Recommendation: The Environmental Policy Board recommends approval of the variance to impervious coverage on the Subject Property. Outcome/Action: Motion to adopt Resolution #25-215 granting a variance to impervious coverage within the Shoreland Overlay District.