Agenda - Council - 03/10/2026 - Laserfiche WebLink

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it meant reduced tree removal. Staff is preparing an Ordinance Amendment for consideration at the March Planning Commission meeting that would eliminate the maximum front yard setback standard for riparian lots in the Mississippi River Corridor Critical Area Overlay District, the Scenic River Protection Overlay District (Rum River), and the Shoreland Overlay District. Siting a home on a riparian lot would still be subject to the minimum required setback from the Ordinary High Watermark (OHW) of the water body. Utilities The Subject Property is within the 2040 MUSA boundary and thus, all new lots must be connected to both sanitary sewer and municipal water. Trunk sanitary sewer and trunk municipal water are both underneath Riverdale Drive. Each new lot will be served by service lines stubbed directly from the trunk lines. Roads and Access The Applicant is not proposing any new roads. Driveways will come directly off Riverdale Drive and will be sited as each lot is developed. There is a trail along the north side of Riverdale Drive. Thus, no trail or sidewalk is proposed along the south side of Riverdale Drive, as there would be nothing to connect to the east or west of the Subject Property. MRCCA The Subject Property is located within the MRCCA and there are two (2) Existing Significant Vegetative Stands identified on the site, both of which are dominated by eastern red cedar. While tree removal is permitted within a Significant Existing Vegetative Stand, only the minimum necessary for development is allowed, and only with the issuance of a Vegetation Permit and a Vegetation Restoration Plan (these will be required as a building permit is applied for on each lot). The intent is to minimize disturbance of these stands of vegetation to not only maintain the public viewshed of the river, but also to maintain critical wildlife habitat and wildlife corridors along the river. With this phase of development, only the eastern Significant Existing Vegetative Stand will be impacted. Within the MRCCA, each lot must comply with the 100-foot setback from the Ordinary High Watermark (OHW). Although City Code does include a provision that allows at -grade patios and decks to encroach up to fifteen (15) feet into the required OHW setback without the need for a variance. There is a Bluff Impact Zone (BIZ), which includes bluffs and land located within twenty (20) feet of the top of the bluff, and a Shore Impact Zone (SIZ), which extends landward fifty (50) feet from the OHW, on the Subject Property. However, in this case, the 100-foot setback from the OHW should keep all improvements outside these areas. As with any proposed development within the MRCCA, Staff has sent the project details to the MN DNR for review and comment. The DNR did not raise any objections to the project but did note the need for a Vegetation Permit ($200) for each lot and an overall Vegetation Restoration Plan that is guided by nearby existing native plant communities. Tree Inventory and Preservation Plan A Tree Inventory and Preservation Plan is required. The Applicant will be seeking a variance to the standard inventory process due to the denseness of the eastern red cedars on site. It would be extremely challenging to accurately locate and mark individual trees onsite due to how dense and thick the evergreens are. The Environmental Policy Board (EPB) reviewed the Sketch Plan / Site Plan at their February 9, 2026, meeting. The EPB recommended approval of the Sketch Plan / Site Plan, with the understanding that they would still have an opportunity to review the tree inventory information prior to building permit(s) being issued. Public Hearing The Planning Commission conducted a Public Hearing on this request at their February 26, 2026, meeting. Two (2) residents provided comments on the project. One was supportive of the proposal as long as the development truly aimed to minimize tree loss. The second resident that spoke raised several questions regarding the project's potential impacts on property taxes, traffic, safety, and tree preservation. Ultimately, neither resident was adamantly opposed to the project. Additional Actions Required for Full Project Approval