Consider the Natural Resources Aspects of a Site Plan and Sketch Plan for Serenity at Rivers Edge (Project No. 26-101); Case of Rivers Edge Development LLC

The City has received a Land Use Application from Rivers Edge Development LLC (the "Applicant") for review of both a Sketch Plan and Site Plan for a proposed residential subdivision located on the south side of Riverdale Drive, between Dolomite Street and Sunfish Lake Boulevard (the "Subject Property").  The Subject Property abuts the Mississippi River and is within the Mississippi River Corridor Critical Area (MRCCA) Overlay District.

Project Overview
The Applicant is proposing to create two (2) new, buildable lots on the east end of the plat, and platting the remainder of the Subject Property as an outlot for the time being, due to concerns about meeting the minimum density requirement.  The Subject Property is approximately 9.24 acres in size and is heavily wooded, primarily with eastern red cedar.  The Subject Property is zoned R-1A (Single Family Residential) and is guided as Low Density Residential in the Comprehensive Plan.  The R-1A zoning district requires a minimum lot size of 10,000 square feet and a minimum lot width of 80 feet.  The land guidance requires a minimum density of 2.25 units per acre.  However, meeting the minimum density would require at least 21 lots, which would result in significantly more loss of tree cover and would deviate from the existing development pattern to both the east and west (average lot size ranges from approximately 0.5 acres to 0.75 acres).  Staff was amenable to considering the creation of a new River District in the 2050 Comprehensive Plan Update, which will likely start in earnest later this year.  If Ramsey is successful in creating a new land guidance district, that likely wouldn't go into effect for a couple of years (until such time that the Comprehensive Plan Update was approved by both the City Council and the Metropolitan Council).  At that time, the Applicant intends to subdivide the outlot into similarly sized lots.

There are no proposed new roads associated with this subdivision.  Driveways would be directly off of Riverdale Drive.  Additionally, there is already sanitary sewer, storm sewer, and municipal water underneath Riverdale Drive.  So, other than extending individual services to each new lot, there will be no new utility infrastructure required either.

While this is only a Minor Plat (a subdivision of three [3] or fewer parcels that does not require the construction of public roads or utilities), which the Environmental Policy Board (EPB) does not normally review, because it is within the Mississippi River Corridor Critical Area (MRCCA), it does require Site Plan review, which is something that the EPB does review.

MRCCA
The Subject Property is within the MRRCA, which includes additional regulations pertaining to vegetation management, grading, and setbacks from the Ordinary High Watermark (OHW).  Since the Subject Property abuts the Mississippi River, the state categorizes it as being in the River Neighborhood (RN) District.  In the RN District, structures need to be setback at least 100 feet from the OHW of the Mississippi River.  Decks and at-grade patios can encroach into this setback a maximum of fifteen (15) feet, without the need for a variance.  There is also a bluffline setback of forty (40) feet and there are limitations on what activities can occur within the Bluff Impact Zone (BIZ), which includes the land within twenty (20) feet of the bluffline.  There are no additional 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.

Tree Inventory & Preservation Plan and Landscape Plan
The submittal did not include a Tree Inventory and Preservation Plan nor a Landscape Plan.  Both of these plans will be required at the Final Plat stage.  There is a potential that the Applicant may seek a variance to the tree inventory methodology, based on how densely packed together the eastern red cedar trees are.  Either way, the Tree Inventory and Preservation Plan will be brought back to the EPB for review and recommendation, presumably at the March meeting.  Lot 1 will almost assuredly require the standard two (2) front yard trees.  However, for Lot 2, existing trees, should they be preserved, may potentially satisfy the front yard planting requirements.  

Staff received clarification from the DNR that the City's required standard landscape plan does not require all the same information that a Vegetation Restoration Plan must include.  Thus, a Vegetation Restoration Plan, in addition to a Landscape Plan, will be required.  A Vegetation Restoration Plan must include vegetation that provides suitable habitat and effective soil stability, runoff retention, and infiltration capability.  Species, composition, density, and diversity should be guided by nearby patches of native plant communities (per the Area Hydrologist, based on the dominant presence of eastern red cedar, this site likely has well drained soils and prairie or oak savannah may be appropriate native plant communities to guide restoration here).  

All costs associated with this application are the Applicant's responsibility.

Staff recommends approving the natural resources aspects of this project contingent upon receipt, review, and approval of a Tree Inventory and Preservation Plan.

Motion to recommend approval of the natural resources aspects of the Serenity at Rivers Edge project, contingent upon receipt, review, and approval of a Tree Inventory and Preservation Plan, a Vegetation Permit Application, and a Vegetation Restoration Plan.