Review Preliminary Plat for Property at 6080 Highway 10 NW (Project No. 18-163); Case of Village Bank

The purpose of this case is to review a Preliminary Plat for a subdivision of the property located at 6080 Highway 10 NW (the "Subject Property"). The Subject Property is currently zoned both R-1 Residential (MUSA) and E-1 Employment. The Preliminary Plat shows fourteen (14) detached villa lots plus three (3) outlots that will contain the storm water pond, infiltration basin, and trail (part of the Mississippi River Trail). A Comprehensive Plan Amendment and a Zoning Amendment will be required based on the proposed use, lot dimensions and density.

The Environmental Policy Board (EPB) did review the Sketch Plan for this project in February of this year.  At that time, the EPB provided several recommendations, which included addressing density transitioning on the west side of the project, adding additional plantings along the northern boundary for buffering purposing, and exploring the potential of relocating the proposed stormwater pond outside of the floodplain.

It should be noted that in 2014-2015, the Subject Property did receive Final Plat approval for a seven (7) lot single family residential subdivision. At that time, work began in terms of tree removal and grading. However, additional soil borings were completed that did identify buried debris above fifteen (15) feet below the surface. Due to the costs associated with removing the buried debris, the project was never completed. Village Bank (the "Applicant") is now seeking grant funds to assist with the debris removal.

Natural Areas
The City's Natural Resources Inventory (NRI) does identify an altered/non-native deciduous forest on the Subject Property. This would not constitute a high value natural area and some of the wooded area had previously been removed (per the now defunct previous subdivision). The remainder of the Subject Property is classified as 'urban with vegetative cover' or 'urban with little vegetative cover' per the Minnesota Land Cover Classification System (MLCCS).

Mississippi River Corridor Critical Area (MRCCA) Overlay District
Only the very southwestern corner of the Subject Property falls within the MRCCA Overlay District. None of the proposed residential lots fall within this part of the Subject Property. Outlot A, which does lie within the overlay district, does meet the minimum lot size of 20,000 square feet for a riparian parcel. There are no buildings proposed within the overlay district.

At the time of Sketch Plan, the submittal did not include a Tree Preservation or Landscape Plan (not required as part of Sketch Plan review).  However, we are now in receipt of both and the developer is proposing to remove all trees that appear to be located within the MRCCA.  While selective removal of trees may be permissible (as long as a continuous canopy cover can be maintained), City Code Sec. 117-148(f) states that no clear cutting shall occur within 200 feet of the Ordinary High Watermark (OHW).  Thus, it appears that modifications to the plans will be necessary.

Shoreland Regulations
While not officially located within the City's Shoreland Overlay District (presumably due to the Mississippi River 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.

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

Motion to recommend approval with the Staff Review Letter contingent upon compliance with the Staff Review Letter.