Agenda - Environmental Policy Board - 02/09/2026

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regulations regarding typical bulk standards, such as lot size, lot width, etc., within the MRCCA district. Additionally, since the Subject Property is less than ten (10) acres in size, the subdivision design standards in the MRCCA district, such as designating a certain percentage of Primary Conservation Areas as protected open space, do not apply. Within the MRCCA, there are "Primary Conservation Areas" or PCAs, which include areas such as Shore Impact Zones (SIZ, which is equal to 50% of the required structure setback from the OHW), areas within fifty (50) feet of a wetland or natural drainage way, BIZ, areas of native plant communities, and significant existing vegetative stands. There are two (2) Significant Existing Vegetative Stands on the Subject Property, both consisting primarily of eastern red cedar, although there are other species mixed in as well. While these are PCAs, City Code does not outright prohibit tree removal from these areas. In fact, City Code states that with a Vegetation Permit, intensive tree clearing activity is permitted as long as it is the minimum necessary for development. In addition to a Vegetation Permit to clear a portion of a PCA, a Vegetation Restoration Plan will also be required. Staff has an inquiry into the DNR about whether these should be submitted and reviewed as part of the subdivision process or as part of the individual building permit applications for the new homes. Staff sent the Sketch Plan to the MN DNR Area Hydrologist for review and comments. The primary comment from the DNR focused on how the Applicant determined the OHW, as the Area Hydrologist noted that it was much lower than what their modeling information indicates it should be. The Sketch Plan notes that the "edge of water" elevation of 834.1 feet. However, the OHW is not synonymous with the edge of water. In fact, per MN State Statute 103G.005, the OHW is defined as the point where vegetation changes from predominantly aquatic to predominately terrestrial. Per the DNR, the OHW should be approximately 837.9 feet. Since the structure setback is based on the OHW, this will likely impact house placement, meaning homes will need to be shifted north, closer to Riverdale Drive. Both a Vegetation Permit, which will address the clearing necessary for the proposed development, and a Vegetation Restoration Plan, which would aim to reestablish suitable and native vegetation where possible on site, are needed. This information must be included with the Applicant's next submittal. Setbacks As proposed, the house pads appear to be set just beyond the minimum 100-foot setback from the OHW (per the MRCCA standards). However, under the new Zoning Code, in the R-1A district, homes must comply with a minimum front yard setback of twenty-five (25) feet and cannot be more than thirty-five (35) feet behind the front property. There is a caveat to this, though. When there is an existing setback pattern established on either side of a new development, the new homes can conform to that established pattern. Thus, the proposed house pads will need to be shifted north slightly to adhere to the existing setback pattern of the homes to the east (all of which also are riparian lots). This is beneficial for multiple reasons. First, it will create additional space in the rear yard for typical homeowner improvements (such as swimming pools, sheds, etc.) that are not permitted within the 100-foot structure setback. Secondly, at least for the easternmost lot, this should likely result in less tree removal, as there is no tree cover along the eastern edge and northeastern portion of the plat. Natural Resources Inventory (NRI) and the Minnesota Land Cover Classification System (MLCCS) The City's NRI does not identify any native plant communities on the Subject Property. Along the edge of the river, there is a narrow strip designated as a semi-natural or altered/non-native plant community. This area is within the 100-foot setback from the OHW, which means there should not be major impacts to this vegetation. There are three (3) different land cover classifications on the Subject Property, including 'Upland Forest' (this is the area essentially designated as an 'Altered/Non-Native Plant Community'), 'Woodland', and 'Urban with Vegetative Cover'. The vast majority of the Subject Property is classified as 'Woodland'. It does not appear that there are any wetlands present on the Subject Property. However, along the river's edge, there is floodplain identified, including Floodway (mostly the main channel of the river) and Flood Fridge. Again, these designations appear to be contained within the 100-foot structure setback from the OHW, which means there should not be any conflicts with structures being constructed within the areas designated as floodplain.