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HomeMy WebLinkAbout2014 07-31 PCP XC ofOKLYNTER PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER July 31,2014 1. CALL TO ORDER: 7:00 PM 2. Administer Oath of Office: Rochelle Sweeney (term expires December 31, 2015) 3. ROLL CALL 4. CHAIRPERSON'S EXPLANATION The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 5. APPROVAL OF MINUTES—July 17, 2014 Meeting 6. PLANNING APPLICATION ITEMS a) Two Rivers Investment, Inc. Planning App. No. 2014-013 Property Addresses: 6840 Humboldt Ave North PUBLIC HEARING (TABLED FROM THE JULY 17, 2014 MEETING) — to consider a Special Use Permit to allow for a Convenience Retail Food Store with Fuel Services on the subject property (Two Rivers Gas Station). Requested Planning Commission Action: Motion to re-open Public Hearing; Take public input —Motion to close Public Hearing Motion to adopt Planning Commission Resolution No. 2014-14 b) City of Brooklyn Center, MN Planning App. No. 2014-014 Property Addresses: 6301 Shingle Creek Parkway PUBLIC HEARING — Consideration of a Site Plan for the City's new municipal amphitheater located in the Centennial Park/City Hall property. - Motion to Adopt Planning Commission Resolution No. 2014-15 7. DISCUSSION ITEMS a) Mississippi River Corridor Critical Area (MRCCA) — Dept. of Natural Resources —Draft Rules 8. ADJOURNMENT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JULY 17, 2014 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tem Christensen at 7:05 p.m. ROLL CALL Chair Pro Tem Christensen, Commissioners Benjamin Freedman, Katy Harstad, Carlos Morgan, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Chair Scott Burfeind was absent and excused. Mr. Benetti pointed out that the newly appointed Planning Commissioner Rochelle Sweeney was also in attendance, but elected to sit and observe her first official Planning Commission meeting. Ms. Sweeney agreed to be officially sworn in at the next regular scheduled meeting. CHAIR'S EXPLANATION Chair Pro Tem Christensen explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings,the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPROVAL OF MINUTES—JUNE 25, 2014 There was a motion by Commissioner Morgan, seconded by Commissioner Schonning, to approve the minutes of the June 25, 2014 meeting as submitted. The motion passed unanimously. APPLICATION NO. 2014-013 TWO RIVERS INVESTMENT,INC. Chair Burfeind introduced Application No. 2014-013, consideration of a Special Use Permit to allow for a Convenience Retail Food Store with Fuel Services on the subject property (6840 Humboldt Avenue N, Two Rivers Gas Station). (See Planning Commission Information Sheet dated 7-17-2014 for Application No. 2014-013.) Mr. Benetti stated that the applicant and design engineer could not be at the meeting tonight due scheduling conflict and currently out of country, and asked for the application to be tabled until the July 31, 2014 Planning Commission meeting. He explained the Commission could defer the application until the July 31 St meeting or open the scheduled public hearing and table/continue the public hearing until the July 31St meeting. Page 1 7-17-14 Chair Pro Tem Christensen stated he would prefer to see the application deferred until the next meeting. PUBLIC HEARING—APPLICATION NO. 2014-013 There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to open the public hearing on Application No. 2014-013, at 7:11 p.m. The motion passed unanimously. Chair Pro Tem Christensen called for comments from the public. No one appeared at the public hearing. TABLE/CONTINUE PUBLIC HEARING There was a motion by Commissioner Schonning, seconded by Commissioner Harstad, to table and continue the public hearing on Application No. 2014-013 to the July 31, 2014 Planning Commission meeting. The motion passed unanimously. Voting in favor: Chair Pro Tem Christensen, Commissioners Freedman, Harstad, Morgan, and Schonning And the following voted against the same: None The motion passed unanimously. DISCUSSION ITEM There was a general discussion by the Commission and Staff regarding various development activities around the City. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Schonning, seconded by Commissioner Freedman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 7:34 p.m. Chair Pro Tem Recorded and transcribed by: Rebecca Crass Page 2 7-17-14 3 rBR q rrf LI V TER Planning Commission Report-AMENDED Meeting Date: July 31,2014 • Application Filed:06/23/14 . Review Period(60-day)Deadline: 08/22/14 (TABLED from the July 17, 2014 Meeting) . Extension Declared:N/A • Extended Review Period Deadline:N/A Application No. 2014-013 Applicant: Two Rivers Investment, Inc. Location: 6840 Humboldt Avenue North Request: Special Use Permit and Minor Site Plan Amendment to allow Conversion of Auto Service and Gas Station to Convenience Store with Gas Services INTRODUCTION Two Rivers Inc. has submitted a request for a Special Use Permit and Minor Site Plan Amendment to convert the existing Two Rivers gas and auto repair station into a convenience retail food store with continued fuel services. The Two Rivers station is located on the southeast corner of Humboldt Avenue and 69th Avenue, at 6840 Humboldt Avenue North. A public hearing was originally scheduled at the July 17, 2014 meeting, which was tabled. Upon presentation of this application, a motion should be made to re-open the public hearing; take comments; close the hearing; and determine your recommendation. BACKGROUND The Two Rivers station was originally constructed in 1967. The building measures 57' x 28' or 1,596 sq. ft.; and the parcel measures approximately 165' x 158' or 26, 070 sq. ft. The station has a canopy over the front pump islands, which consist of 4 separate fuel dispensers. The underground fuel tanks and filling caps are all located on the north side of the building. The service-station has three (3) auto service bays accessed on the back side of the building. The owners indicated to city staff that they wish to remove these service bays, as auto repair is no longer being conducted at this site, and convert this vacant space into usable floor spaces for an expanded convenience store. I 157. .._` " �. '_ umWu�uu,uiupuiuuiuiu�� u .. t •' "s" mono App.No.2014-013 PC 07/31/2014 Page 1 The subject property is located in the C2 (Commerce) District. The site is surrounded by other C2 uses, including a Marathon Express gas store to the west,the Brooklyn Center School's Adult Community Ed. Center to the northwest; Good Fellowship Church (former gas station site)to the north; and the Humboldt Square Shopping Mall to the south. Pursuant to City Code Section 35-322, Subpart 3.b (Special Uses), convenience retail food stores are allowed by special use permit due to the following description: b) The sale or vending at gasoline service stations of items other than fuels, lubricants or automotive parts and accessories (and other than the vending of soft drinks, candy, cigarettes and other incidental items for the convenience of customers within the principal building)provided adequate parking is available consistent with the Section 35-704, 2 (b) and 2 (c). CONVENIENCE STORE & SITE DETAILS The owners intend to completely demo and remove all of the existing interior improvements to the building, and replace with a new floor plan consisting of an office/check-out space, new display shelves with aisles, and a new 10-foot wide addition to the rear of the building for new cooler spaces. A small section of outer wall along the south side of the building is also being removed under this remodel plan. The plan also include the reconstruction of the rear trash enclosure area (currently used for old tire storage), to be retrofitted for a new trash compactor and refuse containers, and which will be screened with double swing-out doors. OM AM" i 1 '-.�t�GTG 41'NCYInIC. \1F YYV l l/IMY`ANR,IC'. "TNl r[w 4Wfie+M I Ixcum rr x cvm xc f]" IL71 I ^—IIISW NS Bu9K55 ML e[ T ;.n i M i rp Nc n.a I' ,Ao I I _ ----TJ 1 i IJ wIEE 1 RMAR[0 PAWNG-17 rt PR01101D 10 IPACFS - - I I' App.No.2014-013 PC 07/31/2014 Page 2 The site is accessed by four separate drive openings, with two on Humboldt Avenue and two on 69th Avenue. The site plan calls for the removal of one access off of 69th Avenue. These access points will be analyzed later in this report. The plans are absent of any details on retrofitting or remodeling the exterior of the existing building. The front of the building has three door opening, two of which will remain available for access, while the third will be locked and blocked off from the inside. As mentioned previously, the three service bay doors to the rear will be removed and replaced with the 10-foot wide addition space for the new coolers. The canopy and all pumps will remain in place. The site currently has five trees identified on this site plan. It appears the 3 trees along the north side are flowering crab-apple trees, with one additional tree in the central access separator island off Humboldt Ave., and a single maple tree located at the southwest corner. The City Landscape Point System requires 80 points for this less than 2-acre site. The existing maple tree equates to 10 points, and the 4 crab trees equate to 6 points total. Although the plans call for additional landscaping in the proposed closed off access area, the type or numbers of landscaping material are not identified. Staff is recommending the Owners provide an updated landscape plan to ensure they meet the 80 points necessary for this redeveloped site. Parking is currently located along the south and east sides of the property. Due to the proposed cooler addition to the rear of the building and the limitation of maintaining a 24-foot wide drive aisle, the parking spaces along the east side are being removed. The new layout and increase in retail space demands 11 spaces for the first 2,000 sq. ft. of gross floor area(GFA), and 5.5 spaces for each additional 1,000 sq. ft. exceeding the first 2,000 sq. ft. Based on the overall size of the convenience store, only 11 spaces would be required. The plan identifies 18 spaces, although the city count reveals 17 marked spaces. SPECIAL USE PERMIT ANALYSIS Pursuant to City Code Section 35-220, Subdivision 2, a special use permit may be granted by the City Council after demonstration by evidence that all of the following [standards] are met: a) The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d) Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. App.No.2014-013 PC 07/31/2014 Page 3 The analysis of this special use will provide responses or staff findings based on these five standards noted in 35-220, Subdiv. 2. a) The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The Owners indicated to city staff their desire or intent to convert this store to convenience style gas and retail food store, is due in part to the large multi-family residential neighborhoods near this site, and the ability to provide for these residents' small food service needs. The owners indicated they intend to bring in a wide variety of foods, including fresh fruits and vegetables; meat, cheese and dairy products; canned and bottled food products; along with a host of other beverages and snacks. Staff feels the conversion of this auto repair and gas station store into a new convenience store operation would not be a detriment to the neighborhood; nor should it create any dangerous situations that affect the public, in either health, safety, morals or comforts. Any food handling or selling of food requires permits form the US Department of Agriculture, and any prepared or cooked on site foods requires Hennepin County Health Department permits, with both serving to ensure that all food is handled, displayed and sold in a safe and healthy manner. Any cigarette or tobacco sales are regulated and permitted by the City; and we have no record of any violations or cause to withdraw city licenses due to violations or illegal sales to minors. Staff believes this convenience store would be an acceptable use under this particular standard. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinityfor the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The Two Rivers station and other previous [similar] businesses have continued to operate as a gas and auto service station on the subject site for over 47 years. For all intents and purposes, this business has continued to operate and remain open for quite some time, even during the up and down years of the local and regional economy. The gas and auto repair likely served as a suitable and reasonable location to the surrounding residents due to its proximity to these neighborhoods. The decision to remove the auto repair activity was a personal choice by the owner, due in part to recent inactivity and reductions of auto repair work being conducted at the site, along with a constant turn-over and difficulty keeping an operator at this site. The conversion of the building into a convenience store, and the retention of the fuel facilities, should not be injurious to the use and enjoyment of other properties in this area. Although Humboldt Square Mall has a food marker tenant, and the Marathon gas store across the street has some limited convenience food supplies, this use may provide some healthy competition among these food retailers. Staff also feels this conversion of the site would not substantially diminish or impair values within the neighborhood. Therefore, Staff believes this new convenience store use would be acceptable under this particular standard. App.No.2014-013 PC 07/31/2014 Page 4 c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. As noted previously, this site has operated as a gas/auto service station for quite some time, and in no case have we heard or discovered any reasons if this use or auto repair and service activities conducted on this site impeded any normal or orderly developments in this area or the district in which it is located. This quadrant of Humboldt and 69th Avenues has been a well-established commercial node of the community, and there are no short-term or long- range plans to re-guide or rezone this commercial area for any other uses at this time. This use has survived and appears to be a successful business enterprise for this area, and this convenience store should help maintain or increase the retail activity needed to sustain this business. Staff does not see that as being an impediment to the normal, orderly development of the surrounding properties; nor a factor to any long-term or negative impacts. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. Access Issues The subject site contains four access points, with two off Humboldt Avenue and two off 69th Avenue. When the Owners approached city staff early in the planning process, it was recommended that the two access points nearest to the intersection may need to be closed, due to their proximity with these intersecting streets, and to help reduce as many potential conflicts with vehicles entering or exiting this site. This initial recommendation was made by the city engineers, which is supported by the City's 2030 Comprehensive Plan's goals in eliminating or reducing access points along major roads and collectors. This reduction of access points helps with safer movements of vehicles along these high volumes or traveled road corridors, and helps reduce or eliminates those potential dangerous conflicts that occur with vehicles entering or exiting properties along these roadway corridors. The reduced accesses provide for added levels of protection and safety for pedestrians along these routes. The Owners however, insisted on submitting a site plan that shows only the closest access point off 69th Avenue closing, while the two accesses off Humboldt Avenue to remain. The prime reason for keeping the two access points off Humboldt is due to the need for keeping access to the fuel tanker trucks that must enter this site from Humboldt Avenue. The Owners claim the trucks must enter this northerly access point off Humboldt and drive straight into the site to the underground tank fill-up area, located on the north side of the building. When completed,the trucks will exit from the single access point off 69th Avenue. The southernmost access off Humboldt Avenue may hamper or impair the ability of trucks to safely make the turns into the site, and the limitations placed on the site by the canopy and pump islands, which remain in place, will make truck maneuvering in this front area very difficult. Trucks entering this south access point and maneuvering through the pump islands may be a bit difficult, especially if the pump islands have vehicles parked when trucks arrive. App.No.2014-013 PC 07/31/2014 Page 5 The Owner's site designers were instructed to provide truck-turning templates on the plans, to illustrate and determine if these trucks can make various maneuvers inside the site. They provided two separate templates, as noted below: o15cu4px NM W—M.XE '. � I SM XIS EU9NEi5 WLL BE � uarvrtn ro. ' WYEPBELY EFiEc1E0.Y NE 5 TO 9p,YIX I CIDEp 1X5 LURE CUI ENC NCII�r —————7 LYMrECNP � I I l_ , hl 6640 HUIIBOLDT AI EooB tc. CM14 Es-S P I � I I _ 1- T _�A; 1. A-a TK k.12ACESX -8' 0NEELAN 69TH AVENUE \/\\Xf J/wp/wr unc BTNl E LkVO wK �J�l�l ' --- I q .. M iM[OIIYb1.K !S Tm xo F sm MGUMISYE- M'KR10 I 1M5 DRIB PR RIR RRIX-�r rN W Ct I - CCEMP E xi BR IAY M 2 I I I ERE WI 8840 H Q%CMSUI,�OLDT A I I Pt E000 _ L-----J T REWIRED PARKING-17 1 PROVIDED=8 SPACES+I �� oostdc EMCscNc/ 8 SPACES CREDIT L �Rx¢rx�fi REUW.. (PUMPING STATION)=i6 U6RIS9M WM M ORxER,XC SPED XC RIN15 1D xNMSE 11E 7 - ., •x TW 0T WE TC MV— F 6-e LIMGSEMNT ME TERE 4REM,v. rI i l ILANMLL SCAPE REQUIREMENTSI , u I ML BE MET. I I lyr P1iW r_�x-" I App.No.2014-013 PC 07/31/2014 Page 6 City Staff recognizes and acknowledges this site may be be somewhat difficult to maneuver a tanker or large delivery truck in and out of this site; and although we do not dismiss or dispute the accuracy of these templates provided by the Owners, staff feels other options for accessing tanker or delivery trucks is possible. As part of the City Engineers' review and response to the Owner's turning templates and concerns,they provided their own truck template diagram(below): 0 BWK MIMIC a ck WSTKI•hl Ot,W ll-�.a o� I I ` Sti0�w, MVCR2♦CRCCIfD.li NC p 10 011illLO Lt ClO5C0 M'•a CIIeB Ni. dfC RAO( 1 PNCC � ' �) I I 1 S fn• 1 1 I AI a t u•.v irx I�i 'I._ tr-r � n•-a• _ TI•_r i Li i0 AIM !y i - - RED a_12 Y icac� Q3 r„•u_ rN rte•,.rx r_ r\i•.u - r-r r-r e x irx 4 l (,� I ]SW\ 3`- Lit !, 0, SIM I �I f� 1r+J / Iµyry�Pli�ihL1i / One option has trucks entering the south access off Humboldt Avenue, driving straight back into the site, making a left turn heading north along the back side of the building, turning left and stopping near the north end of the UST's fill-up area. Once the truck has completed its delivery, it will back up and exit out of the site on to 691h Avenue and leave the site in either direction. A second option is trucks could enter from the 69th Avenue access; pull over to the fill-up area; back-up; and exit this same access on 69th Avenue. Even though these templates illustrate a tight movement in and around this site, the City Engineer believes the site can still be accessed by a single access point off Humboldt Avenue, and they remain committed to their original recommendation to eliminate the two accesses nearest the intersection. App.No.2014-013 PC 07/31/2014 Page 7 If the city affirms this recommendation to close off the two accesses, and suggests the Owners use this truck access as illustrated above, then staff would recommend that the handicap parking stall on the north side of the building be removed to avoid any conflicts in this area, and relocate the stall to the south parking lot. Conversely, the Owners remain committed in keeping the two access points off Humboldt Avenue and argue that closing this northerly access will hamper their ability to provide space for tanker trucks to enter this site. On Friday, July 25th, the Owner's consultants provided another updated turning template diagram shown below: ° QO Q � PR°PoeTr uRE , RE.&E E%ISTNO C�:RB AND TP j JPAWD SU.F CE AS NDICAIC NSTALL NE LANDSCAPE W S(5)RO.A TF DC3)MI 5(S)IOTK iPfES(J)lOTK JL 10 D5Cu590N W1N TR[o-.Ee SAC HIS O,WSS \\ AD ILII 6EECTEWILL 8E WT KIS TO BYE RAIX� ' V7ERITd' �I Sd^EEN W Fdt R 'lDSE'J TNS CURB CUT. !6 SKTEY AR^1RASH- ; I ?I I r I 6840 HUAVOLDT Ar-.�. 6-. `•'� i 2000 GY. CARS I WAY ol"w 1 )r.•� �Ft "Vwk�CON FLOnTO kREE WAI,. k [R TO YAT71 /J I I..-^" —""•..,,, REQUIRED PARKING i? PROVIDED- 17 SPACES s-B e'-a' e-e' n'-a' e-n•4r e� h- _�.e-e'_e'.a'_a i is'-o' am BLAH - a The City Engineer's immediate response to this diagram was that this movement still works from this south access and maneuvering around the back side of the building; and the need for the keeping the northerly access on to Humboldt Avenue is not warranted. The City Engineer's recommended closure of the two access points remains unchanged. The access points as discussed under this heading will need careful consideration and determination by the Planning Commission. City planners somewhat agree with the Owners that if tanker or delivery trucks are required to utilize this single access point off Humboldt, the turning or maneuvering around the pump island and canopy from this single access may prove very difficult or very challenging. It is unknown if driving around the rear of the building is an option, as the site designers did not provide a truck turning template to this area. Even so, the truck may not have enough room or long enough fill hoses to accomplish this task without blocking this north access pint or parking area. If the underground tanks App.No.2014-013 PC 07/31/2014 Page 8 can only be accessed safely and successfully from this north access, then Planning Staff would advocate for the keeping of these two access points off Humboldt. The Commission may wish to discuss this layout and recommended access controls, and make a recommendation to support the city engineering staff recommendations or the owners as you deem fit. Parking Issues As for overall parking on this site, the plan calls for 16 spaces along this south edge of the site, and 1 handicap space to the north of the building. The row of parking along the east side and facing the New Horizon Day Care, are being removed due to the new cooler and trash enclosure additions to the back of the building. As noted earlier in this report, City Code requires 11 spaces for the first 2,000 sq. ft. of gross floor area(GFA), and 5.5 spaces for each additional 1,000 sq. ft. exceeding the first 2,000 sq. ft. Based on the overall size of the convenience store, only 11 spaces would be required. Previous SUP approvals on other gas/convenience store sites included"credit" for vehicles at the pump stations, or this case up to 8 parking spaces (2 cars per pump). With the 17 marked spaces plus the credit for up to 8 spaces, the site can accommodate up to 25 vehicles at one time,which is more than double the needed spaces. Parking is allowed to have a zero-setback along interior lot lines, and this current parking area has a zero setback and plans call to keep it that way. The abutting parking lot to Humboldt Square Mall has an 8-foot wide median or grass separator between the two lots, so there will be no car-to-car parking situation along this south edge. `` II I IT / �� �i --REMOVE EXISTING KNEE WALL, (N �� PATCH FLOOR TO MATCH EXISTING o REQUFLOOR. IRED PARKING = 12 < o PROVIDED = 18 SPACES e _ 8'-g' g'-g'i 8'-g• .8'-g.N 8'-g' _8'-ge r g'-g' ,8'-B' .8'-g' .8'-g' _8'-g' .8'-g' .8'-g':8'-g'r 8'-g' 12._0. I Remove Parking Stalls I CSITE PLAN r Since this site has more than enough parking, Staff is recommending the two parking spaces illustrated below be eliminated or striped out to avoid any conflicts with cars entering the site (nearest the access point) and allow for adequate and safer back-up movements from the far- east space. The site is also fortunate to have a bus line stop and bus shelter located just to the south of the site, in front of the Humboldt Square Mall. App.No.2014-013 PC 07/31/2014 Page 9 V IIF. Y The site also has a small bike rack for 4 bicycles, located on the north side of the building, and the front doorway will be improved with an ADA designed wheelchair/sloped ramp to the front doorway. 8'-0" _8'-0" 4E MOUNTED HD. TD \ - BIKE RACK---,,..,, SIGNAGE\�....� �i ��(( TRASH • COMPACTOR 6'-0" 29'-5 1/2" � 1 1 42'-10" 6840 HL BOLDT AV 1I ,_o" 2000 GSF =1 CARS 0 This bus stop and bike rack should make this a convenient stop or place for customers in this area, and help reduce the reliance of cars and reduce congestion on the streets, which this SUP standard specifically encourages. If the city accepts the recommendation to close off the northerly access off Humboldt and maintains tanker trucks can access the fill-up area from the rear of the building or off of 69h Avenue, then a recommendation to remove the handicap stall and relocate to the south is in order. Overall , this site appears to adequately handle and maintain all of the expected and required on-site parking needed for this site, and no off-site or shared parking arrangements (with App.No.2014-013 PC 07/31/2014 Page 10 Humboldt Square) will be needed. The Owners have provided a bike rack, which supports and is encouraged by the city's Active Living Policy and region's Livable Communities Act. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. This convenience store use is allowed by special use permit only in this C2 (Commerce) zone, and there does not appear to be any justifiable reasons why this use is unable to meet or exceed the applicable regulations or standards required under this district. Staff has determined that this convenience store meets or exceeds these standards; will be a nice addition to the community; and is hereby determined to be acceptable use on the subject site. RECOMMENDATION It is the opinion of Planning Staff that the standards for this special use permit and the criterion used to measure or determine the appropriateness of this site's conversion into a convenience store with fuel services is acceptable; and therefore, we recommended that Planning Application No. 2014-013, which comprehends the Special Use Permit for a convenience store with fuel service at the subject site be approved, and that the Planning Commission adopt the attached Planning Commission Resolution No. 2014-14, with the following conditions: 1. The Applicant/Owner must close off the most northerly access on Humboldt Avenue North and the most westerly access off 69th Avenue North. 2. The Applicant/Owner must remove the handicap stall located on the north side of the building and relocate to the south parking lot with a shortest and direct route to the front door. 3. The Applicant/Owner agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated July 11, 2014. 4. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5. Any new exterior improvements must be consistent with the remaining building materials, and all exterior plans and designs must be reviewed and approved by the City Planning Staff. 6. Any expansion or alteration of the proposed convenience store building other than what is illustrated on the submitted site plans comprehended under this application shall require an amendment to this special use permit. 7. Any additional grading, drainage, utility, and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. App.No.2014-013 PC 07/31/2014 Page 11 8. Any outside trash enclosures must be completely screen and doors secured or closed at all times, and any new ground mechanical equipment shall be appropriately screened from view. 9. Approval of the special use permit does not authorize additional signage other than that allowed for under City Code Chapter 34 — SIGNS. No banners or temporary signs will be allowed, except those allowed or approved under an Administrative Land Use Permit, per City Code Sect. 35-800. 10. The Applicant/Owner must provide a landscape plan that meets the required amount and number (80-points min.) of landscaping materials as specified under the City's Landscape Point System. 11. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 12. The Applicant/Owner shall submit an as built survey of the property, improvements, and utility service lines prior to release of the performance guarantee. App.No.2014-013 PC 07/31/2014 Page 12 MEMORANDUM DATE: July 11, 2014 TO: Tim Benetti, Planning and Zoning Specialist FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Public Work Site Review for Special Use Permit-6840 Humboldt Public Works Department staff reviewed the following documents submitted for review on July 7, 2014, for the proposed 6840 Humboldt site improvements: • Architectural Site Plan and Details dated June 18, 2014 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: A0.0 —Architectural Site Plan and Detail Sheet 1. Closing the north most entrance along Humboldt Ave is recommend. If the applicant desires to keep this access open, the application must demonstrate conclusively that by closing the entrance, fuel delivery cannot be accomplished. Miscellaneous 2. All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. 3. Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 4. Applicant must submit a SWPPP. Prior to issuance of a Land Alteration. 5. Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engineer. G:\Engineering\Development&Planning\ACTIVE Development Projects\6840 Humboldt Gas Station-Special Use Permit-2014\Plan Reviews&Applications\Preliminary Plan Reviews\140711 Plan Review Memo.docx 6840 Humboldt—Gas Station Page 2 of 3 Site Plan Review Memo,July 11, 2014 6. A driveway deposit in the amount of$2,500 shall be deposited with the City. Anticinated Permitting= 7. A City of Brooklyn Center driveway permit is required. 8. Other permits not listed may be required and are the responsibility of the developer to obtain as warranted. 9. Copies of all required permits must be provided to the City prior to issuance of applicable building and driveway permits. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. G:\Engineering\Development&Planning\ACTIVE Development Projects\6840 Humboldt Gas Station-Special Use Permit-2014\Plan Reviews&Applications\Preliminary Plan Reviews\140711 Plan Review Memo.docx Commissioner introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2014-14 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-013 SUBMITTED BY TWO RIVERS INVESTMENT, INC. FOR A SPECIAL USE PERMIT TO CONVERT AN EXISTING GASOLINE SERVICE AND AUTOMOBILE REPAIR STATION INTO A NEW CONVENIENCE RETAIL FOOD STORE WITH FUEL SERVICES IN THE C2 (COMMERCE) DISTRICT (LOCATED AT 6840 HUMBOLDT AVENUE NORTH) WHEREAS, Planning Commission Application No. 2014-013 submitted by Two Rivers Investment, Inc. ("Applicant/Owner") proposes a special use permit allowing an retail convenience food store with continued fuel services, at the property located at 6840 Humboldt Avenue North("Subject Property"); and WHEREAS, the Subject Property is situated in the C2 (Commerce) District and pursuant to City Code Section 35-320; Subpart 3, the "Sale or Vending at gasoline service stations of items other than fuels, lubricants or automotive parts and accessories" is only allowed by means of special use permit in all C2 Districts, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2014-013; and WHEREAS,the Planning Commission held a duly noticed and called public hearing on July 17, 2014, whereby a planning staff report was presented and public testimony regarding the special use permit were received; and WHEREAS,the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2014-013 submitted by Two Rivers Investment, Inc. be approved based upon the following considerations: A. The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. B. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. PC RESOLUTION NO. 2014-14 Page 2 of 4 C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. D. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. E. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2014-013 be approved subject to the following conditions and considerations: 1. The Applicant/Owner must close off the most northerly access on Humboldt Avenue North and the most westerly access off 69th Avenue North. 2. The Applicant/Owner must remove the handicap stall located on the north side of the building and relocate to the south parking lot with a shortest and direct route to the front door. 3. The Applicant/Owner agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated July 11, 2014. 4. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5. Any new exterior improvements must be consistent with the remaining building materials, and all exterior plans and designs must be reviewed and approved by the City Planning Staff. 6. Any expansion or alteration of the proposed convenience store building other than what is illustrated on the submitted site plans comprehended under this application shall require an amendment to this special use permit. 7. Any additional grading, drainage, utility, and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. PC RESOLUTION NO. 2014-14 Page 3 of 3 8. Any outside trash enclosures must be completely screen and doors secured or closed at all times, and any new ground mechanical equipment shall be appropriately screened from view. 9. Approval of the special use permit does not authorize additional signage other than that allowed for under City Code Chapter 34 — SIGNS. No banners or temporary signs will be allowed, except those allowed or approved under an Administrative Land Use Permit, per City Code Sect. 35-800. 10. The Applicant/Owner must provide a landscape plan that meets the required amount and number (80-points min.) of landscaping materials as specified under the City's Landscape Point System. 11. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 12. The Applicant/Owner shall submit an as built survey of the property, improvements, and utility service lines prior to release of the performance guarantee. Julv 31, 2014 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon,the following voted in favor thereof: Chair , Commissioners , , , and and the following voted against the same:None whereupon said resolution was declared duly passed and adopted. mal ., n y.' r t . y r � w 1 ra _ f � A - Z nt'S '�fi - 4 k 4 x, r r x � e - Real _.. . 2 t I�� yrs w w YIIIIA�wi � �M- � .wr www r .%nwn�r wrw vnM.rMrw.war wr.r..r�.w�aurwviywr��- x n ...M ,a ♦•NYy,�A x`11 en enl M.YnA a'c � iWiWYii'WIYiI0 xo . - c dO1S i ` NEW - - -- � � U r a � t _ _ gar y t - r H_ Y Y k• � V ..r i 4- Y v • .veli • C � _ ! e F Ih- a r F 4 t t t 0 All ' P 44 kX P � rtt J n I , 1rr: f r aAUK1 _ TWO RIVER 1 SHEET INDEX: GLOBE A0. TITLE SHEET, KEY&SITE PLAN,CODE ARCHITECTS - ANALYSIS,AND GENERAL NOTES INC. Al. FLOOR PLAN&DEMO PLAN 6840 HUMBOLDT AVE, BROOKLYN CENTER, MN A2. RESTROOM ELEVATION&DETAILS 1 6� GENERAL NOTES 500 Summit St.NE Columbia Heights, 1. WORK SHALL COMPLY ALL APPLICABLE LOCAL, Minnesota 55421 STATE AND FEDERAL CODES,AND REGULATIONS. Z. (763)843-5454 CONTRACTOR/OWNER TO VERIFY ALL DIMENSIONS, Markon ye@MSN.com EXISTING CONDITIONS,AND ALIGNMENTS WITH Y EXISTING CONSTRUCTION AND SHALL REPORT ANY DISCREPANCIES TO THE ARCHITECT BEFORE PROCEEDING. Z 3. CONTRACTOR/OWNER SHALL OBTAIN ALL NECESSARY in LANE NCR iH i _ ..___....._ - 89TH AVENUE PERMITS,LICENSES AND CERTIFICATES AND PAY ALL FEES CONNECTED THEREWITH Z tr pe wa a v w 4. REFER TO AGA DETAILS ON SHEET AO,Al 8 A2 FOR INSTALLATION DIMENSIONS k _ PROJECT DIRECTORY OWNER 35 ,# '36 I �. - "!. \1. o TWO RIVER INC. O 6840HUMBOLDTAVE ` 0• 0 BROOKLYN CENTER,MINNESOTA Y`) / G CURB AND TPIRPOUERTY UNE -- Ph.- 763-208-7751 C LOCATION MAP PAVED SURFACE AS INDICATED, EnmB INSTALL NEW LANDSCAPE N W CONIFEROUS NEW DECIDUOUS 2 O} TEES(5)TOTAL TREES(3)TOTAL ARCHITECT' T I +• / AGLOBE CHITERCHITECTS,INC. 500 SUMMIT STREET NE COLUMBIA HEIGHTS,MN 55421 g'-0' g'_p• Phone'763443-5454 C-t M.,kmrkoye�m[n.wm Contact Mvk Onyaimmezu MOUNTED SITE DATA: I ` SIGNAGE GROSS SITE AREA = 26.029 SF DISCUSSION WITH THE OWNER,HE I \ BUILDING FOUNDATION = 1,634 SF I SAID HIS BUSINESS WILL BE BIKE RACK n I ADVERSELY EFFECTED,IF HE IS TO �� , SCREEN W FOR RI FRICERARI REQUIRED PARKING: PER CITY ORDINANCE=11 PARKING STALLS U) CLOSED THIS CURB CUT. _ _ 16 SYSTEM AND TRASH OMPACTII INCLUDING ONE HANDICAP STALL SEMITRAILER ANO TRACTOR PROVIDED: 17 PARKING SPACES,-8 S ES IN '� oT Z STATION AND ALSO 4 BICYCLE RACK ATPUMPING axn a uc` uc[x x ` AVERAGE DIMENSIONS OF VEHICLES Q �� I I I SH PROJECT DESCRIPTION TSV.'' � ' TWO RIVER 66'-0" 8'-0" MO o.V[ j CONVERTING EXISTING MECHANIC SHOP INTO GROCERYI RETAIL 60'4" a3'-0" OE.wI keu v[xna [[I [wsr'ii�ea ''. � I '_p• PACTOR 60'-0•' V- MGA,O NC,6C.VA,M'V ( 777 0'l [[ T[An[ 60'-0" 46'4" NA,NY m sl O t I �^ (MERCANTILE)M 60'd" - N0,OR,VT lmgin ICI o0 7r-0"[_ "6a'-0"' "w 40'.ry• 1 N C 06'-0" 67'-0" Tx wiTn'w', I ro• ra' e'-0•• 1 1 ry 6BEVIOUS USE AVENUE,ME BROOKLYN CENTER,MN e6'-0" 6T-0" 0[ Negro;Hi I tYd" I t3'd" t3'4r' - _ - I I PREVIOUS USE WAS MECHANIC SHOP 66'4 6r0" u I SITE PLAN.MEETS CURRENT ZONING ORDINANCES/C-2 6a'-0 N'-0" M.AIE �ioa,He�yFt IRO I 4'4"w 4'4" to m _ \ 42•-1 6a'-0 - CA.MN.MA.PA I 7ra. u.-0,. Tru.Ti I r4l'• ' 1 6'-t0" - I 1 70'-0' - CO.NV Br,Oak;PAI I Y-0'M t'd" 4'-0"m 13'-0" 3'7'w 13'-0" 840 Fl)% LDT A MECHANICAL/ELECTRICAL;PLUMBING WORK TO BE PROVIDED UNDER A I _ I 0.GSF s1IFt CARS '1P._0• SEPARATE DESIGN/BUILD CONTRACT. 4_0' - - WAY DRIVE: 76'4. y.u.. to NT 71'-0' 13�-0' 74_6" T�4'J. 16'-0� 22' 6' 6r-0' 63-0' 9D i 21-1" 2'-5 CODE ANALYSIS; BASED ON t o V I C 6840 Humboldt Avenue �J 2Y-5" d' 2006 INTERNATIONAL BUILDING CODE(AS AMENDMENTS BY 2W7 'I - u'0" W.OH,IL w.M.KS.[Y �/�. I i MINNESOTA STATE BUILDING CODE 81305) Brooklyn Center,MN 55430 W1 O': AZ b 2007 MINNESOTA STATE BUILDING CODE Y 60'4" AL•"'M6 b< 763-208-7751 N'-r' AA.CT,FL RM,W,M.UT. h ava�un ( I I I 20D6 INTERNATIONAL FIRE CODE(AS AMENDMENTS BY 21707 MINNESOTA WA 4t - �meq," 'Z ` I I ® I � FIRE CODE CHAPTER 87511) —} .� 200$NP•NONAL ELECTRICAL CODE 5 ; , I I I I 2009 MINNESOTA STATE MECHANICAL,PLUMBING,FUEL GAS CODE. J I 2007 MINNESOTA STATE ACCESSIBILITY CODE(STATE BUILDING CODE DO CONC. URB CHAPTER 1341) I hereby pRHy that lhA plm,epeel8wtion TO REMAIN 2009 MINNESOTA STATE ENERGY CODE,1323(STATE BUILDING CODE OY report raa prepared by ma ar under REM SRNG KNEE WALL my dteat aperNekn,Ond that I an a CHAPTERS 07676887678) chA �_J H FLOOR TO MATCH EX NG BUILDING TYPE; Yn�A�Hited undr Me lar[of met oP C w�r Aw 1 I I FLOOR. ALLOWABLE AREA. V-B(EXISTING BUILDING FOOTPRINT IS 1634 SF) the Stats er Ninnaeot0. REQUIRED PARKING = 12 - ra #e'O f o'Artwx" i f a�1PROVIDED = 17 SPACES a OCCUPANCY GROUP (EXISTING M;MOTOR FUEL DISPENSING OCCUPANCY= ver r-o•wV 1'l�L\'L FAC ' wTY �x ) NUMBER OF STORIES:1 00645 71 - s1•wuowr qov TwucN !�4KANTRASJLR AND T'11ACTOw 8'-8' 8'-8" 6'-8' _8'-8' 8'-B' '-8' 8'-8" 8'-8' 8'-8" B'-8' 8'-B" 6'-8' B'-8' 8�-8' 12�-0" SPRINKLER:NO 90,-0' _MUM MACTtoAI TtrRr.l ora YMON 4411416[IAM 1GAt. '�I P'� a Crr M'-O• TY1MIr40 BIOTIN OI eo4x�N.toau, FIRE ALARM:NO AA Pnaro„T__0.—.l"c. -- Q��� - 1n.ow,oe� .Am«vn Trvcb,p A�«wro,,.W,.n�ryw,,.D C I OCCUPANCY LOADFLOOR. 1811atIe1K 444110 : �I RETAIL SPACE 1775 SF/30=37 OCCUPANTS ll OTHER AREAS 6BSF/100=9 OCCUPANTS. LJ TRUCKS,TRAINS,AND BOATS ^� TOTAL FLOOR LOAD: 37+9=46 OCCUPANTS ....___...... ....... ___ _ COMMON PATH OF TRAVEL<75' N0. DA 7E REVISION DESCRIPTION NUMBER OF EXITS REQUIRED =1; PROVIDED=1 - -- - -- - - DOORS SWING TO THE DIRECTION OF TRAVEL; 106/18/14 ISSUED FOR APPROVALPERMIT EXE SIGNS ARE REQUIRED AND PROVIDED 07/17/14 REVISED,TRUCK NAVIGATION SEMI-TRAILER: TURNING RADIUS: 5 0 7—0 77 ' PLUMBING FIXTURE;FLOOR: V U RESTROOMS PROVIDED;(1)WATER CLOSET.(1)LAVATORY.(1)SINK FOR 07/25/14 REVISED,WITH CITY ENG. OWE COURTESY OF ARCHITECTURAL GRAPHIC STANDARD COI MOPPING KM LANSIT 1 — I I 1'-0'X 1'-6'X.080 ALUMINUM RESERVED HANDICAPPED PARKING SIGN LANDSCAPE ORDINANCE PARKING W/IDENTIFICATION SYMBOL BOLT TD STEEL TUBE N'3/8'CADMIUM 5'-0' 1. REWIRED POINTS:100,CREDIT FOR EXISTING TREES: 16 PLATED BOLTS,NUTS&WASHERS 2. PROVIDED(3 TOTAL DECIDUOUS TREES); ALL REWIRED TREES SHALL BE A �1 ®_ 9'DIA. MINIMUM OF TWO AND ONE-HALF(2.5)INCHES CALIPER SIZE. IW 200ADDITIONAL 1'-0'X 6"ALUM.PARKING 3. PROVIDED(5 TOTAL CONIFEROUS TREES); ALL REWIRED TREES SHALL BE AT FINE SIGN TO READ'VAN ACCESSIBLE'AT LEAST 5'-0"TALL SHEET TITLE ��— VAN ACCESSIBLE SPACE ONLY 4. PROVIDED(50 TOTAL SHRUB); ALL REWIRED SHRUBS WILL BE MINIMUM OF 12'IN DIAMETER. L_J xV�� 6'WIDE 5. THE REMAINING OF LANDSCAPED AREA SHALL BE COVERED WITH NRF GRASS; ARCHITECTURAL < NATIVE w A SES OTHER PEENNIAL FLOWERING PLATS. 3'N10E 6. LANDSCAPE SPECIES SHALL BENDIGENWS OR PROVENN NADAPTABLE TO THE SITE PLAN �o CLIMATE,BUT SHALL NOT BE INVASIVE ON NATIVE SPECIES, A N D H m 6"WIDE i I DETAILS 6'WIDE 3 o a DATE:05/29/2014 3'NIDE SHEET NO. ~�— S-6'DIA. NOTE: LOCATE SIGN 2'-0' BACK FROM SIDEWALK CURB. 6'WIDE /V O♦ O PAINT COLOR:TRAFFIC BLUE H X1/ ACCESSIBLE PARKING SIGNAGE ACCESSIBLE PARKING SYMBOL 4 � NO SCALE 5 NO SCALE GLOBE ' rnAB"wn"LLE�o�N�nas�ENT 1 ARCHITECTS 1 I �SURFACE TO 4'-6' I N C. :I I WALL BE BUILT - I ON THE SAME LOCATION AS � 7 4'-4; 8'-5' EXISTING PLUMBING 2 I i - i 103 ,° ; ' WUL o 0 500 Summit St.NE 4 3 I 1 _____-__ Ii i 0 0 0 Columbia Heights, Minnesota to 55421 VVVI I `JANITOR SINK r�r`-T-- -_-I I--- (763)843-5454 3 w 1 Markonye@MSN.com I 1o2A Az OFFICE AREA I( �♦ SOAP DISPENSER `II TRASH 300 .i 1 J PAPER TOWEL DISPEM COMPACTOR r 3 RE OOM TRASH CAN L____ ____J _ ________JI r____ _____ _________________ 17, 44- TOILET.VTAYLPICAL V 1 iI'1 S Cen i •_r 1 2 _ „ Y CHANGING ` I aer BAB STATION 11SLOPE 3'-0' 3-8' -10' -10' S-6' -10'' ' ' - ii /COFFEE II I,-y� MAKER - il ii i,= ii RETAIL Af'EA 1115 SF ,' I TWO RIVER INC II � 13 L^ '- I 6840 Humboldt Avenue Brooklyn Center,MN 55430 763-208-7751 ii /r I II / I ii harabatthat thio m,apadiff-Um np �yprepaad by ma a urMa II �' y(Fact aup.Asi..and fila!I—° dJy L—sedArd fW-,Ir tha lana d n fila Stab of MMw°tc. li _n 1008 ° Yak 0.Qlyfl.11�l NO. DATE REVIS101V DESCRIPTION FOR 06/18/14 ISSUED FOR APPROVAL.PERMIT 1 i i 1 I I I I I I GENERAL NOTES 8 1. PROVIDE FIRE EXTINGUISHERS(FE)OF SIZE,TYPE AND LOCATION 9. PROVIDE CONTROL JOINTS IN GYP.BO.WALLS AS RECOMMENDED BY MANUFACTURER. i DEMOLITION NOTES: AS REWIRED BY THE FIRE MARSHALL 10. PROVIDE MOISTURE RESISTANT GYP.BD.ON TOILET ROOM WET WALLS AND ADJACENT i I ' REMOVE EXISTING WALL AND DOOR,SEE FLOOR PLAN 2 ALL INTERIOR nNISHES SHALL HAVE A FLAME SPREAD RATING TO JANITOR SINK. j I 2 EXISTING TOILET TO BE REMOVED/RELOCATED AS SHOWN OF CLASS III OR BETTER. it. NO COMBUSTIBLE MATERIALS SHALL BE ALLOWED IN THE PLENUM SPACE i I i I 3. DIMENSIONS ARE TO FACE OF MASONRY,FACE OF FINISH OR 12. PROVIDE FIRE TREATED WOOD(BACKING/BLOCKING)AT ALL CONCEALED SPACES O REMOVE EXISTING URINAL,TOILET PARTITION AND DOOR I GRID UNE OF STUD WALL UNLESS OTHERWISE NOTED. (RAMP),MILLWORK AND HANDRAIL LOCATION L------J i 04 EXISTING SINK TO BE REMOVED/RELOCATED,REPLACE WITH A.D.A. S �__-_---____� 4. ALL FOAM PLASTIC INSULATION IN INTERIOR SHALL BE SINK,SEE SHEET A2 13. DOOR CAN BE PERMANENTLY LOCKED/BLOCKED AT OWNER'S DISCRETION. SHEET TITLE OS VERIFY IF THE COLUMN IS STRUCTURAL,IF NOT REMOVE PROTECTED BY ONE LAYER OF 5/8'GYP.BD.MIN. 14. EXISTING ELECTRICAL PANEL TO REMAIN. © RELOCATE THE EXISTING BOWL/WATER HEATER 5. ALL DOORS ARE 3'-0' 15. OFFICE VERIFY WITH OWNER; SIZE AND DOOR/(LOCATION). O7 VERIFY WITH CONTRACTOR IF IT IS NECESSARY TO REMOVE THE 6. ALL WOOO/MTI_STUD WALLS SHALL HAVE A MINIMUM OF 5/8' FASTING DOSING CURB GYP.BD.; AND MTI_STUDS SHALL BE A MIN.22 GA.3-5/8' �O PLANS 0 REMOVE EXISTING KNEE WALL STUDS O 24'O.C.(PROVIDE 6.22 GA.STUDS OR 2x6 WOOD 9 REMOVE EYE FLUSH EQUIPMENT. STUD WHERE UNSUPPORTED HEIGHT EXCEEDS 15'-D'; 2x6 0 OVERHEAD DOOR/GLASS TO BE REMOVED STUDS O 16'O.C.) DATE:05/29/2014 ®1 SAW CUT IF NECESSARY IN THE AREA OF THE TOILET TO LEVEL 7. MINIMUM HALLWAY WIDTH TO BE S-O' WITH THE MAIN FLOOR/RETAIL FLOOR ' SHEET NO. B. ALL WALLS TO FLOOR OR ROOF DECK SHALL BE CONSTRUCTED TO C DEMOLITION PLAN PROJECT U.LC LOMMODISTEDATE DEFLECTION OF THE ROOF STRUCTURE ASSEMBLY BE NORTH FLOOR PLAN PROJECT A 1 3 NORTH -1/4' GLOBE � — I DOOR SCHEDULE � � AS N.T. z scxmu m z MSION PANEL r"TEMPERED ARCHITECT S LINE OF WALL OR PARTITION I I ROOM NAME DOOR/ OPENING 92E DOOR TYPE DOOR MAYL DOOR FINISH FRAME TYPE FRAME MAYL FRAME FINISH MDWR GROUP REMARKS I 4_)/g' & WIRE GLASS INSUL QA55 SPLASH �F I N C.1.., I I I RETAIL SPACE 100A S-0'RY-0" D3 GLASS CLASS ALUM ALUM ALUM 1 RETAIL SPACE 1008 3'-7:Y-0' - _ _ _ _ _ _ FREEZER DOOR I ———__——_ RESTRODM 101 5-01x7-0" 01 WOOD STAIN F1 ND/MTL STAIN/PNT 3 ALLOW METAL 17- EXosnxc DDDR 102A 3-o'zY-o' - - - - - - - DRYWALL 500 Summit St.NE OFFICE 102B S-0".Y-0' DI WOOD STAIN FI WD/MTL STAIN/PNT. 2 DOOR FRAME v1 I •_' I I I OFFI(3: 103 3'-0'zY-0' Dl WOOD STAIN F1 WD/MT- STAIN/PNT. 2 sEALANr BGtn h Columbia Heights, P1��tf SIDES ^(763)5843-5454ota ANCH1 ER JAMB PAI TED STAINED Ot BIRCH/EQUAL Markonye@MSN.com n I HARDWARE GROUPS: WOOD OR METAL DOOR FRAME TYPES DOOR TYPES (Nota:All hard—shdl math fnieh.l DOOR 48"MIN. H.C. L --------- I GRWP1 GROUP GRWP3 _f I (alum.antenna doors) (5'ngle lodaet) Snge.Daaw9e lockset(tolet) 1 ea.mortise cllindr as req.Per door Butte(3) Butt,(3) / 17"MIN. Balance of hard—b door su Ir to indude 1 ea lockeet Schlo a D53P0 1 ea doer LCN 1000 Equal I EDGE OF COUNTER 19-MAX. dearia strka Dna—.h bor Dp 1 co-LON 1p00/Equd�wa 2 ea.k'kplote H'wrratha 1i":34'�yua JAMB & HEAD DETAIL IMIRROR I '1 ea. door stop 1 ea.wall door stop 1 1/2 = -)' NOTE FROM PLAN I LAVATORY DESIGNED DRAWINGS: NED TO MEET ADA REQUIREMENTS WITH COUNTERTOP HEIGHT SET I I SEE PLAN SEE PLAN AT 34"WITH COUNTERTOP THICKNESS 1"MAX. AND LAVATORY INSTALLED AT 2"MIN.FROM PAINT ��PAINT FRONT EDGE OF COUNTER. MIRROR—\ i PAINT 7 o MIRROW SPLASH C.T.WAINSCOT/ REQUIRED KNEE FAUCETz -s c - ,( EQUAL AND TOE SPACE1 I W _ N C.'..' BASE AND FLOOR - I 1 r l �u, �ffi C.T.BASE AND FLOOR /EQUIVALENT ��TYP./EQUIVALENT I a I 1 1 I 4/A2 3/A2 2/A2 1/A2 INSULATE PIPES Y. rcs 1 N O 6 NOTE: PROVIDE WOOD BLOCKING IN STUD WALLS I o 1 I FOR GRAB BAR SUPPORT e +iz RESTROOM INTERIOR ELEVATION SCAE1/4'=1'-0 8 N. TWO RIVER Z / INC 60'MIN. RN. FLR 11 MIN. J" I T L �`' I 3' 36 3' "MIN. I�` 10 MAX17'MIN. I \ 19-MAX. I N. ,1'-0"� 6" / �, / za' M X. 12" MA6840 Humboldt Avenue MIN. X. _ 48"MIN.CLEAR SPACE _ y , .; Brooklyn Center,MN 55430 SECTION i I =I= 763-208-7751 I � A 34'MAX. HEIGHT OF RIM OR COUNTER ABOVE FLOOR SURFACE. I ,. L I I B. 29'MIN.CLEARANCE FROM BOTTOM OF APRON TO THE FLOOR. A I n.aby Drury that this plan,epeaGcatlm I 18' N or reprt Was PWS by mw ar under C. KNEE CLEARANCE UNDER FRONT UP IS A MIN.OF 27"HIGH, 30" ` \ SURFACE MCJ TED I my k d suprMian.and that I am a WIDE,AND EXTENDS A MIN. OF B'IN DEPTH FROM THE FRONT OF I x. TOILET PAPER I FLUSH VALVE OR I duly Closed ArahNsat wk,the la-of i <o>t DISPENSER Tyr I CONTROL SHALL BE ) ti the State of MlnnMota. THE LAVATORY. 10 r<T i.' s_r ? I WID NSUE SIDE OF I D. TOE CLEARANCE UNDER THE LAVATORY IS A MIN.OF 9'HIGH,30' LATE PIPES. I r I ON TOILET. �--�-� WIDE,AND EXTENDS A MINIMUM OF 1T IN DEPTH FROM THE FRONT \ , \ L-----__—_---� I OF THE LAVATORY. I I E. DRAIN AND HOT WATER PIPING IS INSULATED OR CONFIGURED TO PREVENT CONTACT. I TOILET ROOM HEIGHTS TOILET ROOM n%s cBm�4� F. THERE ARE NO SHARP OR ABRASIVE ELEMENTS UNDER LAVATORY. Date O AUCETS ARE CONTROLLED MECHANISMS MS(OR OTHR TYPE,PUSH ER OR !ELECTRONICALLY INSTALLATION DIMENSIONS NOTE SELF CLOSING VALVES MUST MAINTAIN A MIN.OF I N0. DATE REVISION DESCRIPTION 10 SECOND OPEN FLOW. 06/18/14 ISSUED FOR APPROVALPERMIT I H. FAUCETS ARE OPERABLE WITH ONE HAND AND DO NOT REQUIRE I TIGHT GRASPING,PINCHING OR TWISTING OF THE WRIST. 1. 5 LB.MAX. FORCE REQUIRED TO ACTIVATE CONTROLS. LJ--NO%H-MNA.WGRK 44 REGEIVFFlXPJRF--——— — —J ACCESSIBLE LAVATORYLOSERS 2DOOR ADA-15 � 03/16/08 � SCALE: 1'-1'-O" SHEET rime NOTE n .....• LEVERS PUSH/PULLS PANIC BARS LATCHING AND LOCKING DOORS THAT e• ARE HAND OPERATED AND WHICH ARE INDOOR DOOR OPERATING A PATH OF TRAVEL SHALL BE OPERABLE WITH A SINGLE EFFORT(E.G. LEVER �= PRESSURE TOILET ELEVAMONS PUSH TYPE HARDWARE, PANIC BARS, PUSH ti AND DETAILS PULL ACTIVATING BARS,OR OTHER 1. INTERIOR @EXTERIOR DOORS -5 HARDWARE DESIGNED TO PROVIDE DOOR SHALL OPEN 1 3C.MIN. LBF.MAX. OPERATING PRESSURE. m m PASSAGE WITHOUT REQUIRING THE 90 DEGREES MIN. DOOR CLOSERS,IF PRESENT, 2. FIRE DOORS- 15 LBF.MAX. ABILITY TO GRASP THE OPENING MUST BE SET SO THAT IT OPERATING PRESSURE. •n ,-, n HARDWARE). DOOR AT LEAST 3 DATE:05/29/2014 SECONDS TO CLOSE FROM AN NOTE: LINE OF 32'MIN. OPEN POSITION OF 70 DEGREES TO MEASURE MAXIMUM EFFORT TO r FINISH FLOORY 'I TO WITHIN 3"OF THE LATCH. OPERATE DOORS, PULL OR PUSH SHEET NO. 10"MIN.BOTTOM RAJL - EFFORT IS APPLIED AT RIGHT ANGLES TO HINGED DOORS AND AT THE CENTER ACCEPTABLE DOOR HARDWARE MINIMUM CLEARANCES AT DOORS DOOR CLOSER PLANE OF SUDIING OR FOLDING DOORS. KICK PLATE AT DOORS COMPENSATING DEVICES OR AUTOMARC AND MOUNTING HEIGHTS DOOR OPERATORS MAY BE UTILIZED TO A2 MEET MAXIMUM EFFORT. DOORS TWO RIVER INC SHEET INDEX: GLOBE A0. TITLE SHEET, KEY&SITE PLAN,CODE ARCHITECTS $ ANALYSIS,AND GENERAL NOTES INC. Al. FLOOR PLAN&DEMO PLAN Y,'# 6840 HUMBOLDT AVE, BROOKLYN CENTER, MN A2. RESTROOM ELEVATION&DETAILS + GENERAL NOTES 500 Summit St.Columbia Heights, •�!F 1. VVORK SHALL COMPLY VVITH ALL APPLICABLE LOCAL, Minnesota 55421 STATE AND FEDERAL CODES,AND REGULATIONS. (763)843-5454 69 69TH AVENUE 2. CONTRACTOR/OWNER TO VERIFY ALL DIMENSIONS, • �! --""""" _---" ---- - -------- - EXISTING CONDITIONS,AND ALIGNMENTS WITH Markonye@MSN.com EXISTING CONSTRUCTION AND SHALL REPORT ANY DISCREPANCIES TO THE ARCHITECT BEFORE PROCEEDING. 3. CONTRACTOR/OWNER SHALL OBTAIN ALL NECESSARY ai F i l NE OR n i/ 4 r4 • y f - c c — PERMITS LICENSES AND CERTIFICATES AND PAY ALL p d FEES CONNECTED THEREWTH 4. REFER TO ADA DETAILS ON SHEET A0,Al&A2 FOR INSTALLATION DIMENSIONS !' , I I PROPERTY LINE�- PROJECT DIRECTORY: REMOVE URFWEXISTING CURB AND TYP M ... A RBNE11,13 R'AS)RH ATED. OWNER. _ RJ8%1415NERgfgNB50fMATEp, TWO RIVER INC. _ I INSTALL NEW LANDSCAPE BROOKLYN CENTER, I 6W HU T BROOKLYN CEMINNESOTA 'Y ARC LOCATION MAP ARCHITECT 2 GLOBE ARCHITECTS,INC. 8-0 DISCUSSION WITH THE OWNER,HE 500 SUMMIT STREET NE C SAID HIS BUSINESS WILL BE \ COLUMBIA HEIGHTS,MN 55421 ADVERSELY EFFECTED,IF HE IS TO MOUNTED HD. Phone.763-8435454 I ( CLOSED THIS CURB CUT. BIKE RACK--,,,, SIGNAGE\ E—il:markonya�nm.wm W Comact Mark Onyenemazu 7 SRE DATA W — — — — — I COMPACTOR TRASH GROSS SITE AREA = - 26,029 SF Q BUILDING FOUNDATION 1,634 SF F- REQUIRED PARKING: PER CITY ORDINANCE=12 PARKING STALLS n '_p• -� INCLUDING ONE HANDICAP STALL J I "r - PROVIDED: 18 PARKING SPACES,INCLUDING 4 BICYCLE RACK SEMITLER AND TRACTOR m RM 29-5 1/Y ..[4.warR � I r 66!4" r5Nw3'u-0c'• DCT. AVERAGE DIMENSIONS OF VEHICLES I = I I 42'-10" PROJECT DESCRIPTION TW❑ RIVER L� I 8840 HU E OLDT AV I CONVERTING EXISTING MECHANIC SHOP INTO GROCERY/RETAIL 66 4" 48'-0'• MD I oowvcwnowu .r.u... 1 ' •3, 1 0" �. (MERCANTILE)M �+ eo-0' es•-0•• I>E vn ooueu ,[wnNAa[N Boor r.ueN ,� — — X2000 GSF=17 CARS - I N 1... 00'4' 48-- GA,NC,X.vA,wv acw rNAILCN n� 6890 MU MBOLDT AVENUE,BROOKLYN CENTER,MN g0'-0' 46'-0" MA,NY LRgrh ILI ]a'-0' 86-0" 00'4' NO.OR,VT { 1 0".- 13 0" ^ 18 U 22'-6" 21' 1" PREVIOUS USE VYAS MECHANIC SHOP ss-0 6r-0^ T% worn lwl SITE PLAN MEETS CURRENT ZONING ORDINANCES/C-2. Ibphr IMI 13'6" 13•l. +0'.6•' _ L 1 U w,H.1 hl IFHI a'fi're 4'!" 4'1"'.- _e 4'J'• ]4"eJ 4'-0" )�, _ Kp' '�1 i , MECHANICAL/ELECTRICAL/PLUMBING WORK TO BE PROVIDED UNDER A N,ME e e5'-0 - G.MN.NM,PA Tr k`rT1 a s•• ' 5`o•• Jo'o' N•-0'• AR 1� I I I SEPARATE DESIGN/BUILD CONTRACT. ]0'-0" CO NV Rwr A.IPAI I 3'-0•ma-0' 4•o^m tt-0" Z'a'•m 1T-0- _ I I I CODE ANALYSIS' BASED ON. -6840 Humboldt Avenue J5'-0^ 0--a" ID.MT 2008 INTERNATIONAL BUILDING CODE(AS AMENDMENTS BY 2007 x.40• &1•�• yanp - MINNESOTA STATE BUILDING CODE#1305) Brooklyn Center,MN 55430 2007 MINNESOTA STATE BUILDING CODE 68'4" W.OH L.q1,u,Ks.KY •RONT /` h -~� I- � �� 2006 INTERNATIONAL FIRE CODE(AS AMENDMENTS BY 2007 MINNESOTA 763"208-775 AZ b'[ w V �: 1 FIRE CODE CHAPTER 07511 90'-0" AL.ML MS M a. ) 401 WA CT FL,W.NJ,N,UT. mow' _ ovu�Aw--w ,F \1111 I -REMOVE EXISTING KNEE WALL, 2008 NATIONAL ELECTRICAL CODE W _ \i ,��j PATCH FLOOR TO MATCH EXISTING 2008 MINNESOTA STATE MECHANICAL,PLUMBING,FUEL GAS CODE. FLOOR. 2007 MINNESOTA STATE ACCESSIBILITY CODE(STATE BUILDING CODE * I e .���w ING = 12 CHAPTER 1341) 1 hereby carttry that this plan,spseMwtion �.'?b let I SPACES ` 2009 MINNESOTA STATE ENERGY CODE,1323(STATE BUILDING CODE or report was prepared by me an under rD 11 CHAPTERS#7676&#7676 my dkect supervision,and that I am a duly Lim Archited under the loin of �mo wAo I Re �_�a B'-8' 8'-B" 8'-8" 8'-8' .B'-8" •8'-8" 72'-0" BUILDING TYPE/ the State"of Minnesota. _ TIII� cM 1IlI 'r '� n � ALLOWABLE AREA. V-B(EXISTING BUILDING FOOTPRINT IS 18345F) # {1 Imo'J I} 4 I aloe I 1 r-o• OCCUPANCY GROUP M(EXISTING OCCUPANCY=M,MOTOR FUEL DISPENSING 6..b r'\ e p o e- I se o z e o•+vw�rr•I FACILITY) s'-oxMlrw.�L NR AND rRACTCR I NUMBER OF STORIES 1 .....KRAIGNT IgDY TFLyDK DOMINATION IMUM RRACTICA� SPRINKLER:NO MINIMUM MACTICAI TURNING TURNING RADIUf OF _'-O' - wAolu� oI Y'-o• _.._ -_.__.-. .. FIRE ALARM:NO _ _ _ _ _ _ _ i — __— Mark 0.O n: 44480 Ragan rI Lweu.AIA.P,.ama T,.k"�q Conwam— M­rd OCCUPANCY LOAD,FLOOR' Data Registration: 44480 m.ow,.uoe.c.un,=l.ana,w,.T—k­Anon,o..w,a r.D.e. Data RETAIL SPACE 11155F/30=370CCUPANTS OTHER AREAS 685 SFI 100=9 OCCUPANTS. TOTAL FLOOR LOAD: 37+9=48OCCUPANTS No. Dare Revlslov DESCRIPTIoN TRUCKS,TRAINS,AND BOATS COMMON PATH TRAVEL z 75' NUMBER EXITS REQUIRED = PROVIDED=1 DOORS SWANG TO THE DIRECTION OFF TRAVEL; 06/18/14 ISSUED FOR APPROVALPERMIT //��� EXIT SIGNS ARE REQUIRED AND PROVIDED J >) 1 I r�E�N 1•.1g_p �T PLUMBING FIXTURE;FLOOR: C SEMI-TRAILER:: TURNING RADIUS: 5 0 -0 \J tR/fl t fl RESTROOMS PROVIDED(1)WATER CLOSET(1)LAVATORY(1)SINK FOR 3 ( I MOPPING COURTESY OF ARCHITECTURAL GRAPHIC STANDARD — RESERVED 1'-0•X 1'-6"X PARKING ALUMINUM PARKING HANDICAPPED PARKING SIGN _ W/STEEL TUBE W SYMBOL,CADMIUM BOLT TO STEEL NBE W/3/8"CADMIUM 5•-0" PLATED BOLTS,NUTS 4,WASHERS 9"DIA 200 ADDITI ONAL,'-0"X 6'ALUM.PARKING FINE SIGN TO READ"VAN ACCESSIBLE'AT VAN ACCESSIBLE SPACE ONLY VAN 6"WIDE SHEET TITLE 6 G ACCEVIBLE w 3"WIDE ARCHITECTURAL a`roD SITE PLAN 6'WIDE b I AND x + 6•WIDE � i � DETAILS a � m v a 3•wIDE DATE:os/2>a/zoo 76 3-6 DIA SHEET NO. NOTE: LOCATE SIGN 2'-0' BACK FROM SIDEWALK CURB. 6"WIDE PAINT CCLOR:TRAFFIC BLUE 0ACCESSIBLE PARKING SIGNAGE O ACCESSIBLE PARKING SYMBOL AO. O 4 NO SCALE 5 NO SCALE Lsel SHEET INDEX: TWO RIVER INC GLOBE _ A0. TITLE SHEET, KEY&SITE PLAN,CODE ARCHITECTS *` �� _ '`` ANALYSIS,AND GENERAL NOTES INC. T s x ,- 1,i W A2. R FLOOR OROOM ELEVATO PLAN ION ON&DETAILS .ftv 1. � 1 �) , 6840 HUMBOLDT AVE, BROOKLYN CENTER, MN 500 Summit St.NE GENERAL NOTES Columbia Heights, 7 1. WORK SHALL COMPLY WITH ALL APPLICABLE LOCAL, Minnesota 55421 STATE AND FEDERAL CODES,AND REGULATIONS. (763)843-5454 �» x•551 IVb" "����"'�•'^'�'' » 2. CONTRACTOR/OWNER TO VERIFY ALL DIMENSIONS, Markonye@MSN.00m _::... _ :::EHr`Eh.. �� EXISTING CONDITIONS,AND ALIGNMENTS WITH @@@ s _ "'`' EXISTING CONSTRUCTION AND SHALL REPORT ANY ' f 1 DISCREPANCIES TO THE ARCHITECT BEFORE PROCEEDING. _ G 3. CONTRACTORIOWNER SHALL OBTAIN ALL NECESSARY e Z 4 �• _. __. _.._ __ __... .._.._ ._. _ ....___.__. 69TH AVENUE PERMITS,LICENSES AND CERTIFICATES AND PAY ALL � a~ 0I p} Q }`��A i `, TM lAttif NOR P' _ -- 4. REFER TO ADA DETAILS ON SHEET AO,Al&A2 FOR INSTALLATION DIMENSIONS PROJECT DIRECTORY. F3w . �`l� OWNER ER INC. 6840 HUMBOLDT AVE }�N � BROOKLYN CENTER,MINNESOTA __. PH ERT'UNE Contac. Mc Mohsin AMrdam -T' Phone 763-20&7]51 ,..;. ♦ q _. I REMOVE E%ISTING CURB AND (� PAVED SURFACE AS INDICATED, EmaA LOCATION A T I O N MAP INSTALL NEW LANDSCAPE 2 ARCHITECT. T \\ I GLOBE ARCHITECTSSUMMIT STREET.INC. C I/1 \` 1 COOL 763 HEIGHTS NE fY MN 55421 B`-�, 8,-0^* Phone 763-0nye@ I43-5454 E-mail'markonye�man.mm _...._.___ Condo Mark Onye,mm.cu MOUNTEDGE HD. SITE DATA - CUSS101 TH THE OWNER,HE GROSS SITE AREA = 26,029 SF S GNA ' AIG h S, USINESS WILL BE m IN BUILDING FOUNDATION 1,834 SF ADVER FECTED,IF HE IS TOCLOS THIS CURB CUT. BIKE RACK SIZE OF THE EXISTIN/'I SCREEN REQUIRED PARKING. PER CITY ORDINANCE-11 PARKING STALLS INCLUDING ONE HANDICAP STALL I _ DENSE,AND TRF WALL FOR CON j w _ _ 16`0' PROVIDED. STAIONANDALS04 BICYCLE ERACK PUMPING � � '- � - - COMPACTOR AT BR01)WAY STO STATION AND AL50481CYCLE RACK SEMITRAILER AND TRACTOR Z W —T A. cAca I TR ISH a PROJECT DESCRIPTION TWO Y ❑ RIVE R /NT[ulc .TAT[ AVERAGE DIMENSIONS OF VEHICLES I- I k CD APACTOR iY-0"e OC or vc CONVERTING EXISTING MECHANIC SHOP INTO GROCERY/RETAIL(ME �''c 8'-0" MD Tlc c[ •i.♦„NT Q 6840 HUMBOLDT M I N C So 4” 63'-0' OE.WI u.t[ ac rt�,lc .O.r r.uc[ m `� eo-0• u'-0• w NC,SC.VA,WV 68400IOUS USEAVENUE,ME BROOKLYN CENTER,MN o[µ,-0•,[A PREVIOUS USE WAS MECHANIC SHOP Sol a6_-0" MA,NY Lia IU ]0'-0"ac I 6�, 6-0. SITE PLAN.MEETS CURRENT ZONING ORDINANCES/C-2. w1wMO OR,IT a6'-0" 6]•-0'• T% Wi4N WWI s'-0" I - — 66'-0' W'-0" Olt H[pM(HI 19'#" 12'J' 19•,1.. = i 42-1)' -'I 66'4' e0•-0•• LA Fbor H[pht lFM 4'-0"mAV' I Y-0"m4•J•• 9'-0"m4'-0'• <I `I MECHANICAL/ELECTRICAV PLUMBING WORK TO BE PROVIDED UNDER A 66' W.A1E /•-0„ 6•,,0•• 6840 HUMBOLDT AV L- , BE DESIGN/BUILD CONTRACT. es•a - u.Mx.NM,PA T—al r., / I 2000 GSF-112 CARS 1 -0 10'-0' A6'-0" AX Rrw A[Ir IRAI I 3'-0"m 4'-0" ♦D"m 12•-0'• 2'9"m 12'-0" I 4`-0' ]o'-0' - Lb NV L 11`-0' L 13'0' 14`- __— 22-6' 21 1" CODE ANALYSIS BASED ON: 6840 Humboldt Avenue 75'-0•' M'0" ID.Mi - 22�-5' 4`-51 2006 INTERNATIONAL BUILDING CODE(AS AMENDMENTS BY 2W7 ]l,-0 MINNESOTA STATE BUILDING CODE 01305) Brooklyn Center,MN 55430 I ' eo'a' WY _ /�.N' (i. I 2007 MINNESOTA STATE BUILDING(ODE 763-208-7751 - /2'0•' Ne OH.IL 0+,u.Its.KY "o^'T 2006 INTERNATIONAL FIRE CODE AS AMENDMENTS BY 2(107 MINNESOTA - 51-0" AL b° I FIRE CODE CHAPTER 07511) 6a-0" AL MI,MS ( vW t>• - . N'.a" AS,CT,H,NH,NJ,N,UT, _ Jt41 o tttl , 2008 NATIONAL ELECTRICAL CODE PLUMBING, WA 2008 MINNESOTA STATE MECHANICAL, FUEL GAS CODE. 2(!07 MINNESOTA STATE ACCESSIBILITY CODE(STATE BUILDING CODE / ` — — — — — — CHAPTER 1341) I hereby cwtlfy that this p1m,specification REQUIRED PARKING = 11 _ _ 20D9 MINNESOTA STATE ENERGY CODE,1323(STATE BUILDING CODE o report Bas prepared by me or under CHAPTERS 07676107678) my dtect wpervnebn,and that I am 0 9 TM_ PROVDED = 8 SPACES + 'a'"" I '� 8 SPACES CREDIT I I�EXISTING LANDSCAPE/ duly Lkenaed Architect under the laws of ! J KNEE WALL,TO REMAIN. BUILDING TYPE/ �_- (PUMPING STATION) = 16 I ( the state of Minnesota. p ��r.r«rcrrwc4 I I cM 1 ALLOWABLE AREA' V-B EXISTING BUILDING FOOTPRINT IS 1834 SF) M1 ` `L�L raT I +1.•-o^ OCCUPANCY GROUP M(EXISTING OCCUPANCY=M;MOTOR FUEL DISPENSING n x"-�o tm DISCUSSION WITH THE OWNER,HE FACILITY) •V' II \\ x r w .o o }J Y cT^ SAID HE WANTS TO MINIMIZE THE NUMBER OF STORIES:1 a• '� COST OF REMODELING THIS PLACE, SPRINKLER.NO -8' 8'-8' 8'B' 8`-B' B'-8' ssNw srwuoHr bow TRucN. o�'M�Iw�lia�Ar:1I�rHla.uuorl6TMAc�rcA� � •� 9 .� AND WILL NOT LIKE TO DEMOl15H FIRE ALARM.NO yerk 0.plyenelTls2u rAUM n1µie'run«I«o ruw«I«o olum ow b'-o• I THINGS THAT ARE THERE ALREADY. RegY4aMorc 4M80 RAD1us of - �^Mrrv.n4 OCCUPANCY LOAD'FLOOR: I DETAIL SPACE 1115 SF/30=37 OCCUPANTS .ekt<H.lwae.AlA Pn.w,Tudi,q co,"R.ry'•�-y]mnl,pmn OC OTHER AREAS 885 SF/100=9OCCUPANTS. T,.open TOTAL FLOOR LOAD: 37-9=46 OCCUPANTS COMMON PATH OF TEL<75' N0. DATE REVISION DESCRIPTIp'V TRUCKS,TRAINS,AND BOATS NUMBER OF EXITS REQUIRED =1, PROVIDED=i L_ _ _ ` ` __ _ DOORS SWING TO THE DIRECTION OF TRAVEL; 06/1B/14 ISSUED FOR APPROVALRERMIT - EXIT SIGNS ARE REQUIRED AND PROVIDED 07/17/14 REVISED,TRUCK NAVIGATION I LANDSCAPE REQUIREMENTS ' PLUMBING FIXTURE;FLOOR. C SEMI-TRAILER: TURNING RADIUS: 50'-0" u WILL BE MET. MOPPING MS PROVIDED;(1)WATER CLOSET,(1)LAVATORY,(1)SINK FOR I 3 COURTESY OF ARCHITECTURAL GRAPHIC STANDARD I C BILE PLAN I II 1'-0'X 1'-6'X.080 ALUMINUM RESERVED HANDICAPPED PARKING SIGN PARKING W/IDENTIFICATION SYMBOL,BOLT I ® TO STEEL VIBE W/3/8'- 5_0. PLATED BOLTS,NUTS 3 WASHERS B DA SHEET TITLE Ejl IjJ :INE SIGN TO READ'TIONAL VAN ACCESSIBLE'AT lhlll lf'fll1 '�— VAN ACCESSIBLE SPACE ONLY i 6'WIDE ARCHITECTURAL -J CA AN aAceEs^.BtT 3'MDE n >r I SITE PLAN /[ AND Qo 6"WIDE I` DETAILS $ mMDE 6' z DATE:05/29/2014 o a a 3'N10E bo SHEET N0. 3`-6'DIA. /� NOTE: LOCATE SIGN 6'WIDE BACK Q+ 0 BACK FROM SIDEWALK CURBURB. PAINT COLIXt:11AFFI1 BLUE 4\ ACCESSIBLE PARKING SIGNAGE ACCESSIBLE PARKING SYMBOL NO SCALE 5 NO SCALE IL I. TWO RIVER INC SHEET INDEX: GLOBE • '^I �� w. �„� A0. TITLE SHEET, KEY 8t SITE PLAN,CODE ARCHITECTS ANALYSIS,AND GENERAL NOTES INC. " I < JT��rH: 1t Al. FLOOR PLAN&DEMO PLAN rr,e 26 6840 HUMBOLDT OOKLYN CENTER MN GE NERAL NOTES RESTROOM ELEVATION&DETAILS .., ¢• `�� AVE,� � 500 Summit St.NE GE Columbia Heights, 1. WORK SHALL COMPLY WITH ALL APPLICABLE LOCAL, Minnesota 55421 STATE AND FEDERAL CODES,AND REGULATIONS. JAWSb9+i t ewb_ (763)843-5454 :. w ,•- 2 CONTRACTOR/OWNER TO VERIFY ALL DIMENSIONS, =' •^- - ?.a EXISTING CONDITIONS,AND ALIGNMENTS WITH Markonye@MSN.com C` 1 EXISTING CONSTRUCTION AND SHALL REPORT ANY 1•. k +^ DISCREPANCIES TO THE ARCHITECT BEFORE PROCEEDING. --- '�% G t ` z 3 ,' --.-- 69TH AVENUE _-....... _ _ PERMITS,�CTDDNSES AND�CLERTB RTES AND CP VALL s ,1 ,' M H '" FEES CONNECTED THEREWITH TH t HE NUR' r+ ' ^` b ! Z // w IM n°'•� 4. REFER TO ADA DETAILS ON SHEET A0,Al 8 A2 FOR INSTALLATION DIMENSIONS PROJECT DIRECTORY: m k Z i., � �- -'� OWNER- 1k TWO RIVER INC. RI BROOKT AVE B CEN ,t ✓ �� - NTER ,MINNESOTA ' CordaeMr.Mohan Ak+dewi 1• _ ---_,- - - �- PROPERTY LINE '- " l = -' I I ° �• � REMOVE EXISTING CURB AND TYP Phone 763208-7751 LOCATION MAP »l PAVED SURFACE AS INDICATED, Email �• � INSTALL NEW LANDSCAPE `N W CONIFEROUS NEW DECIDUOUS ARCHITECT �, EES(5)TOTAL TREES(3)TOTAL GLOBE ARCHITECTS,INC. 2 5DO SUMMIT STREET NE TSI ��\��\\\\\\\ COLUMBIA HEIGHTS,MN 55421 C Phorre.763X4'-' E—il:merkonYe�msn.mm CordaLt Mark Onyenemezu .._ 1101j", D SITE DATA: SIGNAGE GROSS SITE AREA = 26.029 SF BUILDING FOUNDATION = 1,834 SF '.. DISCUSSION WITH THE OWNER,HE SAID HIS BUSINESS WILL BE BIKE RACK REQUIRED PARKING: PER CITY ORDINANCE=11 PARKING STALLS ADVERSELY EFFECTED,IF HE I$TO , SCREEN WA FOR R 7RIGERATII INCLUDING ONE HANDICAP STALL _ W - CLOSED THIS CURB CUT. _ _ _ 16' S�:EM AND TRASH,;OMPACT01 PROVIDED: 17 PARKING SPACES,+B SPACES IN AT PUMPING Z SEMITRAILER AND TRACTOR = y STATION AND ALSO 4 BICYCLE RACK Wr I r. w.=Nu ALLew uu«°r« > SASH TWO RIVER /r•wu• TAT. AVERAGE DIMENSIONS OF VEHICLES OMPACTOR PROJECT DESCRIPTION 66'-0' 6]'-0"• oC o,vX CONVERTING EXISTING MECHANIC SHOP INTO GROCERY/RETAIL 104" 53'-0" DEL tAt oou•L• vxna poor r�uex (MERCANTILE)M I N C 60'4" 45'4" GA,NC,SC.vA,WV x1T•uL • TwAa• m O l 1 1 I i 6840 HUMBOLDT AVENUE,BROOKLYN CENTER,MN 60'4•' 46'4" MA.NY L.gro IU ••70'4^•R •x'66'-0^w'A s•I 174"ro PREVIOUS USE WAS MECHANIC SHOP 60.4• _ M0,OR VT pp 66'-0' 67'-0' TX Wiem IWl t'-0'° �'I SITE PLAN MEETS CURRENT ZONING ORDINANCES/C-2. 66'4" 6]'-0'• OR H p.HI t]'d" 13'4" RK TO BE PROVIDED UNDER A a'-0"ro 4.1" ]'-0"ro a'-0" _ _ _ CAIJ PLUMBING ME Rao,WpN IFNI 4'x'1+4'1' '^I I I 5840 I-IUI'IIB OLDT AV SEPARATE DESIGN/BUILD CONTRACT M.NM,PA Tnd RI e'6" e'1" I 6•'t0.. e - 1 Lj . 7a-0•' a•x• AX R.a Ai1s IRAI I r4°ro 4•-0• 4.4^m 12'4•' z'r'm 1z•4^ '' 2000 GSF-1 CARS .'1 -O. WO WAY D°I\�E, MECHANICAL/ L I 70'4' - CO,Nv 11'-0' 1S'-D' 14-" d" 78'0_ 4 0" 22'-6' — 21'-1" 24-0" CODE ANALYSIS, BASED ON: 6840 Humboldt Avenue 76'-0' Y'-0" ID.MT a'0�',\\ I / ( s^ 2006 INTERNATIONAL BUILDING CODE(AS AMENDMENTS BY 2007 76'4" ND T (t o T I III�II '—, I ` MINNESOTA STATE BUILDING CODE#1305) Brooklyn Center,MN 55430 �.-0.• ��• WY I J IILJII IILJII I 2007 MINNESOTA STATE BUILDING CODE - 67'x' Hs,ON IL W,u K8.Xy / ���,,,"""... 2006 INTERNATIONAL FIRE CODE AS AMENDMENTS BY 2007 MINNESOTA 763-208-7751 61'O' AZ b'? vv �: FIRE CODE CHAPTER#7511) � r I' 60•-0" AL.MI,MS h o[w�ir+o_--.+' ° -• \\ M'O" AM CT,FL,NH,NJ,w,UT, - r -_ 2008 NATIONAL ELECTRICAL CODE \ 0 WA a«�r- ffi- ! \ Ott _ I r _ 2009 MINNESOTA STATE MECHANICAL,PLUMBING,FUEL GAS CODE. TN b u 2007 MINNESOTA STATE ACCESSIBILITY CODE(STATE BUILDING CODE \\ e I EXISTING CONC. RB CHAPTER 1341) 1 hereby certify that this plm,speeHk°tim ,0 - ll r_ _L - TO REMA N 2009 MINNE60TA STATE ENERGY CODE,1373(STATE BUILDING CODE M report 1109 prepmed by me or undM CHAPTERS 07676 8#7678) my dke0t supervision,and that Ian° RE EXISTNG KNEE WALL, duly Uceneed Architect under the Imre of m�N� • R r L�� _ BUILDING TYPE/ the State Of Mhnesota Q -CH FLOOR.TO MATCH EX NO M Nrew��I�' TMToe-"�1SI' FLOOR ALLOWABLE AREA. V-B(EXISTING BUILDING FOOTPRINT IS 1634 SF) p•���IL W I ' REQUIRED PARKING = 12 PROVIDED = 17 SPACES OCCUPANCY GROUP M(EXISTING NGIOCCUPANCY=M;MOTOR FUEL DISPENSING NUMBER OF STORIES:1 a o •a« � � SPRINKLER.NO sr-1Y SrwuoNr eoov rwuc« w'-o•ttcMirwAl�ew AND rwAeTow 8-6 B-e 8-B 8-8 -°: F-g' 8'-8' 8'-B' 1�-0 FIRE AIP.RM NO Yak 0.On MINIMUM wwAGTr'••TURNiNO OOMtIINATgN MINIMUM ry•AOTIGAL Re9kdrotbn:44480 wAowJel 0I Y'-O' TURNING RAD1Us ox q'-O' NYrtK—AW.­­T1—­C­a wan M•ryYn4 I OCCUPANCY LOAD.FLOOR BOIe Tw Oaw•d•v Caurcd A——T—w Anocalwn waen'nptx4 D.C. r� RETAIL SPACE 11155E/30=370CCUPANTS OTHER AREAS 685SF/10D=90CCUPANTS. TOTAL FLOOR LOAD 37+9=460CCUPANTS No. DATE REVISIAV DESCRIPTIQ'V TRUCKS,TRAINS,AND BOATS __j _ _ - COMMON PATH of TRAVEL<75' J- _ NUMBER OF EXITS REQUIRED = PROVIDED=1 06/16/14 ISSUED FOR APPROVAL.PERMIT �- - �- DOORS SWING TO THE DIRECTION OFF TRAVEL; EXIT SIGNS ARE REQUIRED AND PROVIDED 07/17/14 REVISED,TRUCK NAVIGATION > )] PLUMBING FIXTURE,FLOOR: 07/25/14 REVISED,NTH CITY ENG.'DWC O SEMI-TRAILER: TURNING RADIUS: 50 —O I W RESTROOMB PROVIDED,(1)WATER CLOSET,(1)LAVATORY,(1)SINK FOR II MOPPING 3 COURTESY OF ARCHITECTURAL GRAPHIC STANDARDSITE SITE PLAN r_is o I I I 1'-0"X Y-6"X.080 ALUMINUM I RESERVED HANDICAPPED PARKING SIGN LANDSCAPE ORDINANCE I PARKING W/IDENTIFICATION SYMBOL,BOLT 1. REQUIRED POINTS:100,CREDIT FOR EXISTING TREES: 16 I TO STEEL TUBE W/3/8'CADMIUM 5'-0' I PLATED BOLTS,NUTS k WASHERS 2 PROVIDED(3 TOTAL DECIDUOUS TREES); ALL REQUIRED TIE. SHALL BEA — I I I 9'DIA. MINIMUM OF TWO AND ONE-HALF(2.5)INCHES CALIPER SIZE. 3. PROVIDED(5 TOTAL CONIFEROUS TREES); ALL REQUIRED TREES SHALL BE AT $200 ADDITIONAL 1'-0•X 6•ALUM.PARKING r LEAST 5'-0'TALL- SHEET TITLE nUU'Jll fLUpl11J FINE SIGN TO READ'VAN ACCESSIBLE"AT 4. PROVIDED(50 TOTAL SHRUB);ALL REQUIRED SHRUBS WILL BE MINIMUM OF 12-IN VAN ACCESSIBLE SPACE ONLY DIAMETER. L-J VAN 6'NDE 5. THE REMAINING OF LANDSCAPED AREA SHALL BE COVERED NTH NRF GRASS; ARCHITECTURAL aa ACCESPS E NATIVE GRASSES OR OTHER PERENNIAL FLOWERING PLANTS, SITE PLAN iJ 3'NDE 6. LANDSCAPE SPECIES SHALL BE INDIGENOUS OR PROVEN ADAPTABLE TO THE CLIMATE,BUT SHALL NOT BE INVASIVE ON NATIVE SPECIES. A N D y b - 6'NDE - DETAILS i � 6"NOE a I DATE 05/29/2014 m v ¢ 3'NDE 3' SHEET NO. .Y ,O -6"DIA. NOTE: LOCATE SIGN /\/( ( /� BACK FROM SIDEWALK CURB.URB. 6'NDE /V O. 0• O PAINT COLOR'TRAFFIC BLUE /"� ACCESSIBLE PARKING SIGNAGEACCESSIBLE PARKING SYMBOL O U NO SCALE 5 NO SCALE ` N _ r CITY ENGINEERS -111,1 jq t/ • � . °�i� � T�v+.i wy �Yf�W a, J \mom\ TWO RIVER INC ARCSLOB HTEE S SHEET INDEX: rx I"+ ADI. TITLE SHEET, KEY SITE PLAN,CODE ANALYSIS.AND GENERAL NOTES INC C. 14a � i Al. FLOOR PLAN&DEMO PLAN za ! zs1 L�eaa•. Y� a i-.Ir, A2. RESTROOM ELEVATION&DETAILS �8 HU BOLDT AVE, BROOKLYN CENTER, MN GENERAL NOTES 500 Summit St.NE ,,,�•, Columbia Heights, i KYJPt1L UW.L CUI.tILY t'ATN ALL ATRRICNILC LOCAL Minnesota 55421 t ,j,r.sL t{ �" TATE ANO FEDERAL COOEf.AND aE nssKx a (763)843-5454 09TH AVENUE ` l LC z -OIn�ACTOWMJER TO VERIFY ALL DWENSIONi CIM*CC401710NS,AND AUStA1CNTC vmFl Markonye@MSN.CD ••` ~. 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W,NFApT OCN0.FLE RICAALyCCOM jr e__ i I91sj P+,�•Y .1, �� a ��l R 1 FLOOR TO NATCN vc MJl4NCSOTA OTASTATC ACWNCARIrPSTATi"`D�De rM ceA(A�RIaeoDL / ' �+ a o• \� / UIREO R G>• S �'� D3Wurc WCOfA STATE ENERGY COMTLSI(STATE tAfMRYJ CDDE �„ a.NV IAsi 8: S ig r.Pil a pI.Pand br m. r •t; '�r•�,.>� •FY CM V'rERS.GTR A'w"I rn �.el PIPwWM,DOA Vw(1 _ dW Lbn.ed Ar hbd Nods IA.1. / .wu. e,.ar , Ii V V v� -E'-S•:F'-B' .B•-6 a'-a' w- -.E-Ir .-R' q1'-F- F•-F' .F•-r TY-D' WADRIO TYPCA UN SId1 Rf{fYVI.WIR. ALLOWABLCARCA' V•D IC=rWO OUIIANC rOOTFRINT I^.ICDA Zn pET 11� '•�' t .( A_ I ' ?Q• I I 1 ocamANcrcaC1JPu 1EYXIM occvPNaY.L1:MOTOR FUEL osPEN RIc FACUM NU~OF STORKS 1 F+ RTA No WND OCCUPANCY"` FLOOit .y.RvtluR Cll • - \ \ -•x 4ql �QRMEERR AARRE�iS 11u�I 6051SF110100.0 OCCUPANT; Dat• : ,41ICID TOTALFUIORLOA4 3;•9•ACOCCUPART2 Na DATE REVIS1ov DEI. IN A, 0-9DAT5/ O C \ , t o II A IgiLI1CGlIIC�R wMCAirSTgRLAa� eo .1. rRovcED.T c1/11 a Is,^Jo:rr.R A"-•'.III O I Z i I �� / O\ �, "a arASARCREOUVACONYJ PROVIOED L n 1 , )1 C ys' PWMRRW FR:RAiE.FLOOR i / , T N I N(�R A DI U�� 5WAO" 8�: ' I nrofnr RESTRCO RAL APHI S D L:S PROWED:(1)YIATER CLC:ET.III LAVATORY.(1)SRM.FOR 1 1WPKIG 1 EC •PJ DAS \ 90` IIT7t AlD auRluF / I2pc 1 061 Ct1 N h sw19011..DOLT Sim DIFF W/3/r CADY1N mm I S-o• IIUIS k WAEKERS D• OI I � �' � Y D. rna -Q`x r ALUL �} 1 \ 11+ ►Bt 'vAF ACCESSIBLY L i Y SPACE DIEY b C SHEET TITLE ?p/ \/ [\\�yF� I - r^S ARCHITECT URA T'CIN `• L SITE PLAN / AND D 061 s ICLt DETAILS rBR tt o3 K I,I VTER Planning Commission Report F— Meeting Date: July 31,2014 • Application Filed:07/22/14 • Application Deemed Complete:07/22/14 • Review Period(60-day)Deadline:09/21/14 • Extended Review Period Deadline:N/A I_-..--------------------- Application ------- ---Application No. 2014-014 Applicant: City of Brooklyn Center Location: 6301 Shingle Creek Parkway Request: Site & Building Plan for Centennial Civic and Veterans Memorial Amphitheater INTRODUCTION The City of Brooklyn Center is requesting review and consideration of a Site and Building Plan approval for the proposed new Centennial Civic and Veterans Memorial Amphitheater, to be generally located south of the main section of Centennial Park and west of City Hall. Plans call for the amphitheater to be constructed in the reserve parking lot located between City Hall and Shingle Creek. This site plan item does not require a public hearing, but can be considered under a standard public meeting review, whereby comments from the general public may be allowed or noted for the record. BACKGROUND In early 2010, the the City's Centennial Celebration Committee began discussions and planning of a new civic project for the city, and what evolved was a vision for a new amphitheater. With donated architectural design services, a conceptual rendering was made, along with an estimate of $330,000 to complete the amphitheater. In February 2012, the Amphitheater Fundraising Task Force was created and charged with helping to raise funds and donations to help offset the cost of construction. b CENTENNIAL PARK COMMUNITY CENTER ngma � '. phitheater j fr p r App.No.2014-014 PC 07/31/14 Page 1 The original (planned) site for the amphitheater was near the same location as where the city uses its own"portable"performance stage trailer, commonly used for Earl Brown Days festivities and other general presentations or events. May 2013, City Council authorizes up to $100,000 from 2012 year end surplus for amphitheater. This surplus was followed by a substantial donation in June 2013 from Luther Company, which made the fundraising almost complete at that time. July 2013, the City authorizes Blumentals Architecture to develop plans and specifications for the amphitheater. A few months later, the architects report to the city that soil borings conducted on proposed construction site revealed very poor and unsuitable soils; and estimated soil corrections to be approximately $100,000 or more. December 2013, final review construction plans were issued for the project. At that time, the City requests the architect provide an updated estimate on probable costs for construction. In January 2014, Blumentals provides a construction estimate of $800,788, which was $470,000 more than the original $330,000 estimate. The City Council requested the architects identify the reasons for the cost increase and to identify areas to potentially reduce the construction costs. In February 2014, the City requests the Amphitheater Committee to identify other possible construction sites and make a recommendation regarding the recommended design changes. The Amphitheater Committee reaffirms Centennial Park as the preferred site and recommends acceptance of all of the proposed design/finish changes. In March 2014, staff identifies an alternate location, which lies in the northerly portion of the current City Hall parking lot. Accordingly, soil borings are conducted in that location and it was determined that the soils are much more suitable for construction, with only $20,000430,000 of soil remediation and parking lot reconfiguration needed. CENTENNIAL , PARK A. Y ; I f g w n •,,. r" ,�4� �t l Amphyiheater t Locat on p'r�,- App.No.2014-014 PC 07/31/14 Page 2 ❖ SITE & BUILDING IMPROVEMENTS The amphitheater footprint is approximately 80-ft. long by 35-ft. deep, or 2,800 sq. ft. The main performance stage is approximately 40-ft. x 30-ft. in area, and is flanked on each side with a decorative ledge-stone brick veneered memorial tower and steel seemed roofed cupola on the left, and an angled, bricked veneered wall section to the right. Both of these flanking structures will be used to support the roof structure, and for general storage, dressing rooms and mechanical equipment. The stage is capped by a steel seemed roof with visible lattice roof supports. The back of the stage will be blocked off with an acrylic finished curtain wall. i41 f The wrap-around apron is actually an engineered designed retaining wall system to contain a compacted sub-grade fill material, which will be used to support a 4-inch concrete slab as the main stage/deck area. This apron wall will be wrapped with similar ledge-stone like brick veneers around the entire perimeter. The amphitheater will have its own lighting system contained up in the roof canopy system. These lights will be controlled by on/off switches inside the storage/dressing room area. The walkable (flat) area to the left of the tower structure will have space for block pavers, which will provide an area for donors and families to memorialize or honor any veteran or family member or cause that they so choose. The same space will also contain space for four(4) flag-poles. Access to the performance stage will be made by two small stairways on each side, and one small step section at the rear. App.No.2014-014 PC 07/31/14 Page 3 ❖ PARKING & ACCESS The amphitheater will be constructed within the city hall reserve parking area, which will displace a large section of existing parking lot surface area(approx. 180' x 65' or 11,700 sq. ft.). The existing parking surface inside this project boundary area will be removed and replaced with the physical amphitheater structure and sod/turf around the outside. Plans call for the installation of new curb and gutter sections along the outer perimeter of the area. The existing City Hall parking lot consists of a main main lot directly south of City Hall and the connected reserve lot to the west. The combined parking areas contain 200 marked spaces. The amphitheater will displace two rows of existing parking and a two-way drive aisle along the north side of this reserve parking lot. The plan shows that 38 spaces will be lost, leaving 162 spaces for City Hall employees and customers, and visitors to the surrounding Centennial Park and trail systems. The Community Center parking lot. contains 167 marked spaces. This lot is primarily used by the center's visitors and users of the nearby softball and baseball diamonds to the west of the lot. According to city assessor records, City Hall has an estimated gross square foot floor area of 30,192 sq. ft. Pursuant to City Code Sect. 35-704, parking for offices are calculated as follows: g. Office Buildings, exclusive of those specific uses otherwise listed in this section: Building Gross Floor Area (G.F.A.) Required Spaces 0—20,000 sq. ft. G.F.A/200 20,000—220,000 sq. ft. G.F.A/ (.0005)(G.F.A.) +190 Over 220,000 sq. ft. G.F.A. / 300 Parking is calculated utilizing the "20,000—220,000" standard, and provided as follows: 30,192 sf. / (.0005)(30,192) + (190) or 30,192 sf. / 205.096 = 147.21, or 148 spaces. The Community Center's parking is calculated using the following standard: i. Racquet and swim clubs, athletic clubs, health spas, and the like: Twenty spaces for the first 1,000 sq. ft. of gross building floor area, plus one space per 300 sq. ft. of gross floor area in excess of 1,000 sq. ft. plus two (2) spaces per outside tennis court. The combined gross floor area of the center is approximately 44,000 sq. ft., and required parking is calculated as follows: First 1,000 sq. ft. = 20 spaces 43,000 sf. / 300 = 143 spaces 4 tennis courts @ 2 spaces = 8 spaces TOTAL REQ. = 171 spaces The loss of the 38 spaces due to the placement of the amphitheater in the reserve lot leaves 162 available spaces for the city hall employee's/customers/park visitors. As noted above, City Hall App.No.2014-014 PC 07/31/14 Page 4 itself requires 148 spaces, so up to 14 additional parking spots would be available. The community center's space calculation reveals this use is short 4 spaces; however, since these uses are essentially combined as a municipal service provider, the extra 14 spaces to the south could reasonably make up this difference, and therefore conclude that all required or necessary parking for this area is manageable and handled on all sites. The site plan also shows the installation of three (3) new parking stalls to the left (east) of the amphitheater. City staff has actually called for the removal of these spaces, as they are off the main north/south drive aisle between city hall and the community center, and may present a conflict with vehicles backing out into a main drive lane. lU I I I I I I I I I I I I I I I I I I I I I I I I I =y-=---- - --------- -----+ ►-, > -------------- ------------ 1 �1 The plans also call for three (3), five-foot wide sidewalk connectors leading into this site and up to the amphitheater stage. Each one will provide pedestrian entry/exit points from the east, south and north sides of this facility. ❖ GRADING/DRAINAGE/UTILITIES Plan Sheet A1.1 is titled "Site & Grading Plan", and although this plan provides details on the layout and elevations, it contains very minimal grading details. The city engineers are requesting these details, in order to show how this new site will drain, but also to demonstrate that any new fill within the 100-yr. floodplain meets City Code. Because these plans are considered "90% Complete" — we assume these grading plans are still in the works and will be submitted for full review by time of building permit consideration. Due to the existing flat nature of this parking area,there should be little to minimal grading work in and around this amphitheater area. Plans call for minimal (gentle) slopes from the stage area App.No.2014-014 PC 07/31/14 Page 5 to provide any water runoff, and a drain-tile will be installed along the west edge for additional drainage underneath the platform stage. Staff also assumes the berm located north of the amphitheater stage will be removed and flattened out to provide a level viewing and outdoor seating area for the residents. City staff must review an updated plan that includes new grades and contours to ensure this site will drain properly. No sanitary lines or water lines are being installed to the amphitheater structure, but electrical service lines will be made to accommodate the expected electrical needs of performers, for stage lighting , and decorative lighting around the tower cupola structure and flag-poles. The existing fiber-optic line just to the south of the walking trail will not be disturbed. ❖ LANDSCAPING The landscaped area where they normally place the city's portable performance trailer (between the walkway and the parking lot) will be re-graded to remove the existing berm in order to allow for a level surface and unimpeded view of the amphitheater for audience members during performances. The plan calls for the saving of two trees at each end of the berm, while the middle 4 to 7 trees will need to be removed or relocated by the City. Trees to remain COMMI CENT 4 IMM Trees to be removed/relocated Amphitheater App.No.2014-014 PC 07/31/14 Page 6 ❖ FLOODPLAIN STANDARDS The amphitheater site is situated in the 100-year floodplain area from Shingle Creek, as designated and illustrated on the City's FEMA Flood Maps (see map and illustrations below). 002412 —. .. PANEL OSE. -..... I '002413 000537 i / A ZONE AE City all/Comm. tr. FLOOD INSURANCE RATE MAP ZONE ( ® � COMM, ZONES i e MINNESOT xo A X - (ALL IURI$DICfIONS) ZONE ZONE AE x I PANEL 100 OF 479 T 'SEE AARP iRDFx FOR:iRM RANEE EAVOVT CONTAINS _ O 00#AltNx NUM3Efl YAVEL. SURIX MID /i00LLYR ONIFA.OR'R lftili 0]On E Y"! R I MoonE+E Iilnc Olv aF TICN oXS E Approx_location of new city amphitheater sura,+;r av: Community ; Ce r 100-YR FLOODPLAIN ,Ile 1 U AID N W city : Location of Ne.� �,� Amphitheater Hall Pursuant to City Code Sect. 35-2100 Flood Plain Management, a structure may be constructed within the 100-Year floodplain, provided it meets certain design standards allowed under this ordinance. The 100-year floodplains adjacent to any floodway (typically a water way or water feature, such as a river, creek or lake) are regulated under Sect. 35-2150, which is a Flood Fringe (FF) District. Under the FF District, all structures must be elevated on fill so that the lowest App.No.2014-014 PC 07/31/14 Page 7 floor, including basement floor, is at or above the Regulatory Flood Protection Elevation (RFPE). The finished fill elevation for structures shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. In this site plan review, the lowest floor is considered the top level of the stage floor. The Base Flood Elevation (BFE) as determined by FEMA along Shingle Creek's water course is 844-feet. The RFPE is that elevation which is one foot (1') above the BFE, or in this case 845-feet. The stage floor elevation must be at or above this RFPE of 845-feet. As noted on the site plans, the stage elevations marks show that all parts of this stage floor meets or exceeds this required elevation standard. 1846.33 x 846.30 845.20 +843.73 • ^� - - - P6 a isu,rlD mP� s n�_ s�ocr. POLE 846.4 I I 35 846A0 846.40 9 1 �- 1 ��84a.35 ------- . 846.70 846.55 816.45 .45 1% \ ? �. 846.60 I�� aaa.ao °I 866.60 846.57 846.5 843. 7-}� ` 6.75 +843.85 �1 3q\\ 1 846.74 I° �� COORDINATE DOOR AND FRAME ELEVS.WITH 1° 0 NNIBflGO SLAB ELEVATION AND BLOCK COURSING 846.90 846.72 - 84672 847.00 x 846.92 846.74 O \,7' .N ``o.s 847.00 eT4 847.00 93 y -! 846.90 \a 843.83+847.00 P 8qx 647.00 \ 847.00 +943 2 x �847.00 � 847.00 844.68 15.00 845.00 845.00 y , 845.00 -_- --_-- The FF District standards also require that if fill is placed or there is encroachment of any kind in the flood fringe, compensatory storage of equal or greater volume than the encroachment upon the flood fringe must be provided within the flood plain. This encroachment shall not create any surcharge, nor shall it create hazardous velocities. At this time, the architect or design team have not identified this compensatory storage will occur; but the City Engineers have made it part of their recommendation and conditions of approval that this must be provided near the site and approved by the City Engineer. CITY ENGINEER REVIEW The city engineers have provided preliminary review and comments regarding this new amphitheater site plan, noted in their July 17, 2014 memorandum, and included as part of this planning report. Some of these conditions may be applicable at time of future building permit review and approvals. App.No.2014-014 PC 07/31/14 Page 8 RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2014-15, which comprehends the approval of Planning Application No. 2014-014, the Site and Building Plan approval for the proposed new Centennial Civic and Veterans Memorial Amphitheater, to be generally located south of the main section of Centennial Park and west of City Hall, subject to the following conditions: 1) The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2) Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engineer. 3) All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. 4) Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. A Storm water Pollution Prevention Plan (SWPPP) must be provided for review and approval. 5) Remove or relocate three stalls on east curb line. 6) The structure falls within the Flood Fringe District, which is identified as the 100-yr. floodplain (844.0) as delineated on the FEMA maps, and said structure must meet all required flood proofing elements per ordinance. The grading plan must very specifically demonstrate that there is no fill within the 100-yr. floodplain below 844.0-ft. Detail grading sheet must show additional proposed vs existing spots and existing contours. 7) Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings (which are separate from the as-built survey). 8) Brooklyn Center City Code Sect. 35-2150 includes standards for improvements allowed in the flood fringe, whereby structures, fill or encroachment of any kind in the flood fringe must provide compensatory storage of equal or greater volume than the encroachment upon the flood fringe and within the flood plain. A rain garden or similar infiltration element should be incorporated into the design of the facility. App.No.2014-014 PC 07/31/14 Page 9 9) Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. Attachments • Planning Commission Resolution No. 2014-15 • City Engineer's Review Memo—dated 07/17/14 • Site Plan(90%Complete)for Centennial Civic and Veterans Memorial Amphitheater App.No.2014-014 PC 07/31/14 Page 10 MEMORANDUM DATE: July 17,2014 TO: Jim Glasoe—CARS Director FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Public Work Site Review for 90%Complete Plans—Brooklyn Center Civic Veterans Memorial Amphitheater Public Works Department staff reviewed the following documents submitted for review on July 9, 2014, for the proposed Brooklyn Center Civic &Veterans Memorial Amphitheater: • Brooklyn Center Civic and Veteran's Memorial Amphitheater—90% Review Set dated July 8, 2014 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions, and a final "for construction plan" must be provided for review and approved prior to issuance of a Land Alteration permit: A1.1- Site& Grading Plan I. A SWPPP must be provided for review and approval. 2. Must show existing storm sewer utilities and proposed storm sewer changes to the existing structure on north curb line and storm sewer line running through project area. 3. The grading plan must very specifically demonstrate that there is no fill within the 100-yr floodplain below 844.0-ft. Detail grading sheet must show additional proposed vs existing spots and existing contours. 4. Remove or relocate three stalls on east curb line. 5. See plans for additional comments. A1.2—A6.2 & S1- S4 6. The structure fully falls within the 100-yr floodplain (844.0) as delineated on the FEMA maps and must meet all required flood proofing elements per ordinance. Miscellaneous 7. All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. 8. In spec book, update Division 31 & 32 to reference MNDot Spec 2014 and CEAM Spec 2013. Remove reference of Lino Lakes and Centerville from Division 31-25. Centennial Amphitheater Page 2 of 3 Site Plan Review Memo,July 17, 2014 9. Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 10. Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings (which are separate from the as-built survey). 11.Note that the site is<0.5 acres and no specific watershed review is required and storm water quality/quantity mitigative measures are not directly required. Brooklyn Center ordinance 35-2150 lays out the standards for structures constructed in the flood fringe. For fill or encroachment of any kind in the flood fringe, compensatory storage of equal or greater volume than the encroachment upon the flood fringe must be provided within the flood plain. A rain garden or similar infiltration element should be incorporated into the design of the facility. Prior to issuance of a Land Alteration. 12. Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engineer. Anticinated PermittinE. 13. A City of Brooklyn Center land disturbance permit is required. 14. Other permits not listed may be required and are the responsibility of the developer to obtain as warranted. 15. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 16. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. 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M%REVIEW SET SIMa ODWO RAMAN A 1 .1 BUILDING DATA L _ lN .� —_-------saa-- ---- ---��-- —+�*—ff--'s"s—-------� ------------ -!III <m 4 ii ' SITE GENERAL NOTES I I y •. ® �,a OFF, !�� Y\y' I¢ ..�i- '-i •� u� � _ ��� �T'� . k . . .tee.....a.. `�♦ / AtlIIIIIIIOfINIIW.11141144 � I 1 IIJI i 1 u ---' SITE PIAN ri ( �^JQJ .l +w+�' � `j���J ��i r=aosa• -- EE E 'r.5 /Y � VF9EY ALL E%15MG MID PROPOS[O UYOUEB(RMFS y�/�/� V IFEORF SEKINGE%GVAII°N WORK EOIfYhRCH1ECi I� �I II �.!'� /.-"-/ (RNAEpAIELY K iNEPE PFE MIY[RSCRFP[NCNiS. . 1 I ,k � -EP'�i,au'V• 1 , , � i. •,,,,,,,�,,�•,", � Blumerltals�Architecture Inc. FINAL REVIEW SET i NOT FOR CONSTRUCTION I elan Ew",.• �/e/Role 1 1 A _ — ��slrg a GRADING PLAN BROOKLYN CENTER CIVIC&VETERANS MEMORIAL AMPHTMEATER SITE SYMBOLSPARK IECa EOCAMr+aE RlR0RIG SEE gaoRRVl+I ------ _.— CENTENNIAL PARK-BROOKLYN CENTER,MN E>Brt+c,REEs.ro swissrrolEnlEo•EO REAvrv•wiurREEourED Rr ovn+ER •®`^•«°•'""" 90%REVIEW SET e WI V SITE&GRADING PIAN / \M LLLI:IKR:AL JYMtlULJ O�•FV rqR Aeea[ � a.w6rA[es me[E sexcxN.: zwncMaxm�a3 ponopuws.l ••YY,, B2.[1[d, `'{i �'e X{rli I N� PI�l • �y ••[w••[ ,smr,wx,nr,drc w.[w a+rc rCITO AMP ricp ID ISI _ O� � � (WExdx LExi 5[xsd[na3D SxrtEx jUnSfixc SCME r [u cws w.E lrM,wG xx� JrShrt me!0 eE'C[ne4[,uaun re[epT65 D[rEPeiSE xOrtD. !.1/ A (dlPl(M)ett[vua[,re'API. 0 aWu.s emresrzD p eu.M[D dmn ,dd.ErA.c a aew rnen[D $ [E Pn[sx,cN w•ur $r r.o Pwc sxrrw..e•wr.r R.J. ARVIN & AS C. INC. 4711-- MN 711TWIN LV[E AVEMN 65[29 $R xEv P[x.rtP SPrtW..e•.e.r. FAQ%(10163S1— $W dune SmN:x..e'.)r �4dxFM udMl[D e0 deEs xD.[.D D,xfmWs[ \l,fid•M Cewn(rx cdeet,a, �EKINNEER uq[[x MSrwi - MDYV_503.w.r ®Ell- 6'Pre•MC rRaAec.mnE 6160 P..[[ 0, IYSED s.rttt swifh —_— D. ELECTRICAL SYMBOLS GENERAL NOTES F TRI L N R NOTES, r. aU[al ono"q� A Blumentals/Architecture Inc. C EI ECTRICAL SITE PLAN •++• rwio oox dP[ Mcxi[ECTeu.H4L ELEviK+rS i.. s x nx s 1 El ECTRI[�Ay_NFY_N9TLS; m[x..rouxdrc rrtmn5 usnD xw:5.w "•,. C) xG o[DSM.4N[ [xt 30 Sne0.5 ddG.N UM N MV - �[cr. 5.[snn.EEaw[oe.[M rwx[w x[wN Poc.i[D w aN sxa. •• S Z�ZLt—TW s WANG R wa 121111 y ona oN O'x ro z. sa`x xrowi x w"d"o NSD a°"(E( 1401 MON CONSjvI,%) 1 o P� —111—TD u,rM sr[(s. /.: ECTRICAL SYMBOLS w1i n• D.,,+.[`-1—roe.1 LV—un.uv,..I an.v .w6w �Aba I � .3sM xD es � AVD[xmo c,mrvr PeO,fCl eM6pN6 m fq1 xcsns 0 nPll.wx ,s [eD -....iun.n_ W.. ww. w,rt wfrrpnx. — Q n ELECTRICAL SITE PLAN r 4 CIVIC 8 VETERANS MEMON4 AMPHITHEATER MN EONxxnmeJ Commissioner introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2014-15 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-014 SUBMITTED BY THE CITY OF BROOKLYN CENTER FOR SITE AND BUILDING PLAN APPROVAL OF THE NEW CENTENNIAL CIVIC AND VETERANS MEMORIAL AMPHITHEATER(6301 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2014-014, submitted by City of Brooklyn Center, Minnesota requesting approval of a Site and Building Plan for the construction of a new Centennial Civic and Veterans Memorial Amphitheater facility, located at 6301 Shingle Creek Parkway, and WHEREAS, the Planning Commission held a public meeting on July 31, 2014 to fully consider Planning Commission Application No. 2014-014, and reviewed and received a full planning report on the proposed Site and Building Plans for the new civic amphitheater facility and other related improvements; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan,the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; and WHEREAS, the Planning Commission finds that the site and building plans as comprehended under Planning Application No. 2014-014 may be approved based upon the following considerations: 1. The Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; 2. The Site and Building Plan will facilitate the development and improvement of this site with an essential public service, that being a water treatment and production facility, and allows for the utilization of the subject land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; 3. The improvements and utilization of the property as proposed is considered a reasonable and essential public use of the property and will conform with ordinance standards; PC RESOLUTION NO. 2014-15 Page 2 of 4 4. The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5. The Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community; and 6. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is,therefore, in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that the Site and Building Plan for the construction of the new Centennial Civic and Veterans Memorial Amphitheater facility and related improvements, as comprehended under Planning Application No. 2014-014 and which is located at 6301 Shingle Creek Parkway,may be approved based upon the following conditions: 1) The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2) Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended as required by the City Engineer. 3) All work performed and materials used for construction of curb and gutter sections, utilities and other related improvements must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. 4) Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. A Storm water Pollution Prevention Plan(SWPPP)must be provided for review and approval. 5) Remove or relocate three stalls on east curb line. 6) The structure falls within the Flood Fringe District, which is identified as the 100-yr. floodplain (844.0) as delineated on the FEMA maps, and said structure must meet all required flood proofing elements per ordinance. PC RESOLUTION NO. 2014-15 Page 3 of 4 The grading plan must very specifically demonstrate that there is no fill within the 100-yr. floodplain below 844.0-ft. Detail grading sheet must show additional proposed vs existing spots and existing contours. 7) Inspection for the private site improvements must be performed by the City's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings (which are separate from the as-built survey). 8) Brooklyn Center City Code Sect. 35-2150 includes standards for improvements allowed in the flood fringe, whereby structures, fill or encroachment of any kind in the flood fringe must provide compensatory storage of equal or greater volume than the encroachment upon the flood fringe and within the flood plain. A rain garden or similar infiltration element should be incorporated into the design of the facility. 9) Upon project completion, the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. July 31,2014 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon,the following voted in favor thereof. PC RESOLUTION NO. 2014-15 Page 4 of 4 Chair , Commissioners and and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. BROOKLYN CENTER CIVIC & VETERANS MEMORIAL AMPHITHEATER PROJECT DIRECTORY OWNER '.CENTEP. N�:EKCREEK— CENTENNIAL PARK CCWM NCENTER MN 554 CONTACT: JIMGUV`OE BROOKLYN CENTER, MN 55430 FHON m:,: (7E3)B6?-.4:, ARCHITECT Bi UMENTAi-A C-1!17URE INS. MI 6 Tn STREET 5E,SUi TE 2 MINNEAPCLS,MN 554I4 VICINITY MAP JMCAF" MICK E� s NO. SHEET NAME ISSUED PnoNE: (6I 2)33-2222 Joe CAFTAN: E 15 WOCRENFU CENTENNIAL PARK Fra: r 2)33-2224 T TITLE_ 17/3/2014 1 BROOKLYN CENTER,MN 55430 EMnic --CKWq(BL.II COM �A1.1 SITE&GRADING PLAN 7/812014 ` STRUCTURAL ENGINEER InE nAN50N GROUP LLC Al 2 SITE DETAILS 7/812014 - ~• r. 3407 KRMER WJE NCRin s0TE �A2 FLOOR PLANS 7/8/2014 // - FdM jTH.MN 5=.441 A3 REFLECTED CEILING,FRAMING,AND TOWER PLANS 7/8/2014 f CONTACT. NCS nrw50N IA4 ELEVATIONS 7/8/2014 �A5.1 SECTIONS 7/8,11014 t rnoNE: NIC—AN—NCR--N— Q-2 e F)>cAB NC EMAU G WDnANFCNGRCJF MN GOM A5.2 SECTIONS 7/8/2014 ,J i-~ ELECTRICAL ENGINEER, A8J DETAILS 7/8/2014 '; ' { A8.2 DETAILS 7/8/2014 _..' '-„. p RJ.MARVIN.A9 CIATE5 INC 4711 TWIN IAKE AVE. MINNEAPOLIS,NN 5542 S1 GENERAL STRUCTURAL NOTES 7/3/2014 / a FCONTACT: ROBERT MARVIN P.E. PHOS2 FOUNDATION LAYOUT 7/3/2014 - -I/ _ FM: t )s -s44e S3 ROOF FRAMING LAYOUT 7/3/2014 zo37�3er.T,auMneVw ,M �S4 SECTIONS&DETAILS 7/3/2014 �S5 SECTIONS&DETAILS 7/3/2014 CEO ELECTRICAL SITE PLAN _ 7/3/2014 N R�TM ....�/ _., lE1 �ELECTRICAL CEILING PLAN 17/3/2014 PERSPECTIVE VIEW (FOR REFERENCE ONLY) L>� 50 Blunt/\NP �NS3RE.,,S.me Inc. G Poli.MN 55913 XAO ` 6,2/331-222 _ 612/331-2224 FAX IrAo�luremdimm IMAGE NEEDS TO BE UPDATED ".7 No. J b Capw,n I—D- 613-27 EW 7/8/2014 PROJECT REVISIONS NUMBER DAZE DESCRIPTION Q 0 BROOKLYN CENTER CIVIC ST VETERANS MEMORIAL AMPHITHEATER CENTENNIAL PARK-BROOKLYN CENTER,MN 90%REVIEW SET TITLE BUILDING DATA APPLICABLE INTERNATIONAL BUILDING CODE(IBC)2006 EDITION I Com MINNESOTA STATE BUILDING CODE 2007 EDITION l I II ACOFSSIJWIM CODFS ADA +892.64 OCCUPANCY QHS DESCRIPTION CLASSIFICATION: A5 ASSEMBLY/IN OR VIEWING OUTDOOR ACTIVITIES }843.44 U UIIUTY/MISG STORAGE NON-SEPARATED OCCUPANCIES-SEE BUILDING AREAS CONSTRUCTION TYPE VB,NONRATED/COMBUSTIBLE +842.68 NEW CURfi e GUTTER(t W.) 8 FIRE PROTECTION. NOT REQUIRED-STAGE NOT N EXCESS OF 1,0005F. NEW LOCATION OF EXISTING LIG`IT FOIE FkISi.NEW CURB 9,(t Al2 1 NEW CURB r.GUTTER61- -MAT E%1ST -=ptC-EX=SI.=TY=_ -MATCH EXISt m') SALT was SALT F� S�Tf_NC� -- SILT FAN _ �--IL- I-\ BUIIDNG AREA. ALLOWABLE UN � --- -� ---------- AS UN RD ' - % U 5,500 SF ACTU I 1 I o.'� f,, -DAYLIGHT DRNN TILE T C III ` A5/STAGE 802 Sf III APCME alRn ♦I I I U/STORAGE s avcuunoN 619 SF ZI III DIGIN TIDE 1 Ili TOTAL 1A215F ~I III •'�•,��-.`.EE DETAIL-_iIAI 2 SITE GENERAL NOTES 111 +942-80 646.33 111 // I GRADE EIEVA ON5-ARE AS-,-S• II I �, a 84670 j 84520 +80.373 ....__ _-. _ ___ +_!_.OJT'I / P STAGE LEVEL ASSUMED- O.Y-Y(fOR BUIL01NG EflAIIGNS<WALL SECTIONS) IIF---------- •. 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IN 0 1 7 z-1 LB.O.IM 4 94T 94- 4 94T 4' BROOKLYN CENTER CIVIC&VETERANS MEMORIAL AMPHITHEATER J CENTENNIAL PARK-BROOKLYN CENTER,MN O SECTION(cP)TOWER WALL SECTION P BLOCK WALL SECTION(CD-CURTAIN WALL WALL SECTION TOWER WALL SECTION TOWER(TYP.) 90%REVIEW SET 3/8"=1-4- 04 1/2"=V-0-- DETAIL NEEDS 03 /2 =V-0" DETAIL I L NEEDS 02 1/2"=V-0" 10 1/2"=V-0" MORE DEVELOPMENT MORE DEVELOPMENT SECTIONS A5o 1 CITY OF BROOKLYN CENTER A GREAT PLACE TO START. A GREAT PLACE TO STAY www.cityofbrooklyncenter.org Planning Commission 763-569-3335-Direct TO: Chair Burfeind and City Planning Commissioners FROM: Gary Eitel, Director of Business and Development Tim Benetti, Planning & Zoning Specialist/Planning Commission Secretary DATE: July 31, 2014 RE: Discussion Item 7.a-Mississippi River Corridor Critical Area(MRCCA) Minnesota Department of Natural Resources—Draft Rules As you may know, the City of Brooklyn Center is bordered along its entire eastern boundary by the Mississippi River. Most of the land situated along this corridor is single family properties and the North Mississippi Regional Park system. Within the past year, the City of Brooklyn Center, along with a number of communities situated along the Mississippi River corridor(from Ramsey to Hastings) have been actively engaged with Minnesota Department of Natural Resources representatives in updating and formulating new working rules that would govern and regulate certain uses and activities within the Mississippi River Corridor Critical Area(MRCCA). In 2009, the Minnesota Legislature directed the DNR to establish rules for the MRCCA. The DNR undertook an extensive participation process from 2009-2010 that resulted in the "2011 draft rules." At the conclusion of the process, the previous administration did not support the proposed rules, and local concern and opposition to the rulemaking was growing. As a result, the rulemaking process halted in 2011 and the DNR's statutory authority to do rulemaking expired. In 2013, the Legislature restored DNR's rulemaking authority and made changes to the statutory language guiding rule development, with greater emphasis on addressing local government concerns and consideration of existing and potential new development. The latest "Working Draft Rule" was released by the DNR in June 2014, and a copy of the rules report and maps are attached to this memo. As part of these rules, a new (updated) corridor map has been created, which identifies certain districts where certain rules and standards would apply. The City of Brooklyn Center has two new districts labeled "CA-RN" or River Neighborhood District and"CA-SR"or Separated from River District. City Hall Community Center Police&Fire Departments 6301 Shingle Creek Pkwy 6301 Shingle Creek Pkwy 6645 Humboldt Ave N Brooklyn Center,MN 55430-2199 Brooklyn Center,MN 55430-2199 Brooklyn Center,MN 55430-1853 763-569-3300 Fax:763-569-3494 763-569-3400 Fax: 763-569-3434 763-569-3333 Fax: 763-561-0717 This 41-paged rules document is somewhat daunting and complex when reviewing for the first time. Please note these rules were created for all 30 communities located within the MRCCA, so the rules needed to be wide-ranging and comprehensive. Planning staff has reviewed these rules and found them to be very reasonable and workable for our community. We wish to have the Planning Commission review as well and provide any feedback, comments or suggestions. The City has until August 15, 2014 to provide comments back to the DNR. Staff will introduce and review the highlights of these draft MRCCA Rules at the July 31" meeting, and may bring it back for subsequent review at the August 14, 2014 meeting. Until that time, if you have any questions or concerns prior to the meeting, feel free to contact Gary at (763.569.3305) /email: I?eitelaci.brooklvn-center.mn.us or Tim at (763.560-3319) / email: tbenetti(d�ci.brooklvn-center.mn.us. City Hall Community Center Police&Fire Departments 6301 Shingle Creek Pkwy 6301 Shingle Creek Pkwy 6645 Humboldt Ave N Brooklyn Center,MN 55430-2199 Brooklyn Center,MN 55430-2199 Brooklyn Center,MN 55430-1853 763-569-3300 Fax:763-569-3494 763-569-3400 Fax: 763-569-3434 763-569-3333 Fax: 763-561-0717 °t H MIss s W1 Bluer Corridor CrlticaLArea Rulemaking Prosect : Homeowner's Guide to the MRCCA Working Draft Rules Purpose The purpose of this guide is to familiarize homeowners in the Mississippi River Corridor Critical Area (MRCCA)with the working draft rules dated June 2, 2014.This guide focuses on those rule provisions most likely to affect homeowners. It is intended to be used with the "MRCCA Overview" document, which explains the MRCCA and its history.This guide describes how the working draft rules differ from the existing MRCCA regulations.The rule part or subpart number referencing the actual rule language is shown in the title of each summarized rule provision. Background on Local Control Property owners have been subject to MRCCA regulations since the MRCCA was established by Executive Order in the 1970s. Since that time, MRCCA regulations have been implemented through local government zoning ordinances.The proposed rules will update the MRCCA regulations,which will then be implemented through updates to these local zoning ordinances.The DNR and Metropolitan Council both review local ordinances for consistency with MRCCA standards,with the DNR having final approval authority.The working draft rules will not change these inter-governmental relationships. Districts (part 6106.0100) What are districts?Resources are currently protected through the use of four districts established in the Executive Order.The working draft rules propose six districts that better reflect the existing character and development along the river and recognize planned future development. In which district is my property located?Most residential neighborhoods are located in the proposed CA-ROS,CA-RN and CA-SR Districts.To find where your property is located, please see maps showing the existing districts and the proposed districts. Dimensional Standards (part 6106.0120) What standards apply to my property?Standards for building height and setbacks from the river and the top of 18%slopes are regulated by district.The setback provisions are intended to keep buildings and other development activity away from sensitive shoreline areas and areas prone to soil erosion. Sediment is a pollutant and it also carries nutrients and other pollutants into the river,which reduces water clarity and water quality. Will the standards change for my property?Building height and setbacks are currently Onnesda regulated by local zoning ordinances and will not change for most homeowners. The tables on the following page outline the standards currently contained in most local ordinances, as well as those proposed in the working draft rules. DMMOU OF Minnesota DNR-Division of Eco logiea1 & Water Resources — 06/02/14 Existing Regulations- Executive Order 79-19* Urban Urban Open Developed Space 35' 35' Underlying 35, Height zoning Underlying River Setback 200 100, zoning 100' 18%Slope 100' 40' 40' 40' Setback * These regulations are implemented through local zoning ordinances.Standards may differ from one community to another.Check your community's ordinance to verify which standards currently apply to your property. Proposed Working Draft Rules CA-RN CA-SR =ME' 48-56'TBD Underlying 65' Underlying Height 35 35' CUP>56' zoning CUP>65' zoning 1 River Setback 200' 100' 75' NA 50' Underlying zoning i 18%Slope 100' 40' 40' 40' 40' 40' Setback Expansion of Nonconforming Structures (part 6106.0080, Subp. 3) Legal nonconforming structures are structures that were lawfully permitted when they were built. However,when zoning standards change,these lawfully established structures that do not conform to the new standards become legally nonconforming or"grandfathered". The ability to expand these structures is unclear in the existing MRCCA regulations and has raised concern among some homeowners.To address this,the working draft rules clarify that local governments may allow the expansion of nonconforming structures, as long as they do not expand further into required setbacks from 18%slopes and from the river. For additional information on nonconformities, refer to "Nonconformities Guide". Vegetation & Land Alteration Standards (part 6106.0150) Why do we need rules on vegetation and land alteration? Vegetation is the primary means for stabilizing soil and for slowing, absorbing, and filtering stormwater before it runs into the river. Land alteration in areas near water and on steep slopes increases the risk of soil erosion and the movement of sediment into water. Retaining and/or restoring deep-rooted vegetation along the river's edge and on steep slopes,and preventing erosion during development are important strategies for protecting water quality and animal habitat. What is wrong with the existing regulations? Existing MRCCA regulations for managing vegetation removal and land alteration activities are vague and are not clear on what homeowners can and can't do. Changes are proposed to better protect vegetation and manage land alteration.The biggest change would require homeowners to obtain a permit from the local government for land alteration and vegetation removal activities in sensitive areas (primarily along the river's edge and on 18%slopes on developed lots)that exceed certain thresholds I/ i n n r .� o i a 0 .A R- 1> i t i s i o u n / /,r o t o , i r a / (' 11 a t c r H e s o u r r e c 0 0 0 2 / 4 that pose risks. The purpose of requiring a permit is to connect property owners with a qualified person who can guide these activities to minimize negative impacts to water quality and habitat. When and in which areas would a permit be required for land alteration? A permit would be required for any activity that disturbs more than 5- Comments are requested on the 10 cubic yards or 250—3,000 square feet of soil in the following areas: specific amount of disturbance • In the shore impact zone-50%of the structure setback from activity that should trigger the the river permit-please suggest a specific number within the • Within 50 feet of a public water,wetland,or natural drainage highlighted range of numbers, way or some other number you feel • In a slope preservation zone—areas with slopes greater than is more appropriate. 18%, including land within 20 feet of these areas. • In a bluff impact zone—areas with slopes greater than 30% including land within 20 feet of these areas. Disturbance activity exceeding these levels in these areas must use temporary and permanent erosion and sediment control measures sufficient to retain sediment onsite. Except for a limited number of exceptions, land alteration is not allowed in slope and bluff preservation zones. Local governments would have the authority to attach conditions to the permit that would minimize environmental impacts. What if 1 need riprap or retaining walls? The construction or replacement of riprap, retaining walls, and bioengineering systems are considered a form of land alteration that would also require a permit in the following areas: • In the shore impact zone-50%of the structure setback from the river • In a slope preservation zone—areas with slopes greater than 18%, including land within 20 feet of these areas. • In a bluff impact zone—areas with slopes greater than 30%, including land within 20 feet of these areas. Riprap, retaining walls or other"hard armoring' can only be used to correct an erosion problem that cannot be controlled through vegetation or a bioengineered system (as determined by the local government). Patios and retaining walls would be allowed in slope preservation zones that don't abut the river, a bluff, or natural drainageway, as long as slope stability is maintained, and the project is not readily visible from the river. When and in which areas would a permit be required for Comments are requested on the vegetation management? specific amount of vegetation A permit is also proposed for removal of tree canopy or other natural removal that should trigger the permit—please suggest a vegetative cover that reduces cover more than 5-15 percent or more specific number within the than 1,000—5,000 square feet,whichever is less, in the following highlighted range of numbers, areas: or some other number you feel • In the shore impact zone-50%of the structure setback from is more appropriate. the river. G/inne � urc[ /)A /i- /) icisiurr n / l,cn /urcrI c& U'uIer Ke unrre' s U < () 7 / 4 • In a slope preservation zone—areas with slopes greater than 18%, including land within 20 feet of these areas. • In a bluff impact zone—areas with slopes greater than 30%, including land within 20 feet of these areas. • Areas of native plant communities anywhere in the MRCCA. • Other areas of significant vegetation identified in local government plans. Vegetation removal activity that exceeds these levels in these specific areas must comply with local government permit conditions that minimize environmental impact. For example,the removal of native plant communities would need to be replaced with vegetation similar to the habitat value,slope stabilization, and stormwater retention value of the removed native plant communities.Another example would require the planting of deep-rooted vegetation on any highly erodible soils that are disturbed. Within the above listed areas, intensive vegetation clearing or clear-cutting is prohibited.The proposed rules also state that the local government must require a restoration plan for violations of the standards. The proposed standards also list the following activities for which NO permit is required: • Pruning of trees and shrubs to maintain plant health and improve aesthetics • Maintenance of existing lawns, landscaping, and gardens • Removal of vegetative cover less than the amounts described above Shoreline Facilities & River Access on Riparian Lots (part 6106.0140) The existing MRCCA regulations do not address shoreline facilities and river access such as access paths, stairways, recreation areas and water-oriented structures.The working draft rules propose the following: • Driveways or parking areas must meet structure setbacks and cannot be placed in the slope preservation or bluff impact zones. • No impervious surfaces within the shore impact zone(50% of structure setback)except for: o Access paths no greater than eight feet wide o Stairways and lifts no greater than four feet wide- landings may be up to 32 square feet in area. • One shoreline recreation area per lot no larger than 5,000 square feet and no wider than 25 feet or 12%of the lot width,whichever is greater,and not extending more than 25 feet landward from the water. • One water-oriented accessory structure for every 300 feet of river frontage. Lots less than 300 feet may have one structure.The water-oriented accessory structure is limited to a 12 foot height, 120 square feet, and must be at least 10 feet from the water's edge. Structures are not allowed in the bluff impact and slope preservation zones. Aliiinesoia DNR -Division of Ecological & DI'uter Resources 0 (, 02 1 4 MmYeuU IV111Y111 If IlRlll LL3/Fttff Nonconformities and MRCCA Rules: What You Need to Know Nonconforming properties are common Nonconformities are relatively commonplace, but the concept may not be completely understood. Most medium to larger communities have many nonconforming properties.When zoning standards change, any lawfullv established lot,structure,or use that does not conform to the new standards becomes Iesally nonconforming. Cities routinely update their zoning standards, creating nonconforming properties. Legal nonconformities are different from "illegal nonconformities" or violations of the zoning code.These occur when people make changes to the use or to the property that violate the zoning code in effect at the time. Legal nonconformities and"grandfathered" rights are the same thing To be a legal nonconformity or to be "grandfathered,"the lot,structure,or use must have been legally established before the effective date of the ordinance change that prohibits it. Minnesota law protects the rights of owners of nonconforming properties Minnesota Statute (MS 462.357 Subd 1e) states that nonconformities may be continued, including through repair, replacement, restoration, maintenance, or improvement.The law also allows local governments to permit the expansion of nonconformities. In general, local governments may only impose new conditions on a structure that is destroyed beyond 50%of its market value, if a permit to rebuild it has not been applied for within 180 days. When local governments update their zoning ordinances consistent with the MRCCA rules,these protections for property owners will remain in effect. There are many types of legal nonconformities;they include: 1. Nonconforming lots of record. These lots were legal when they were subdivided but do not meet the current requirements for area,width, depth,access,or other requirements. 2. Nonconforming structures. These are buildings that met the standards at the time they were constructed, but now encroach into the current setback standards (such as from the water, bluff, side yard)or exceed the current height or area limitations. 3. Nonconforming characteristics of use. This catch-all category covers nonconformities to the parking, landscaping,signage or other requirements. Site characteristic nonconformities are very common because standards (landscaping, lighting, parking,trash,sidewalks etc.)are constantly evolving. 4. Nonconforming uses of land. A use becomes nonconforming when a new zoning district is applied to a property that does not allow a use that was legally established under the previous zoning district. Nonconforming uses of land are rare. The proposed MRCCA rules will have a modest impact on nonconformities Many nonconformities already exist under current local MRCCA ordinances.The proposed rules and any ordinance changes implementing the rules will both create and eliminate nonconformities.The DNR is working with communities to minimize the creation of new nonconformities, however, it is likely that the draft rules will create new nonconforming structures in some locations due to an increase in the setback requirements from the water and bluffs. In other locations,existing nonconforming structures will become conforming due to a reduction in the setback requirements from the water and the elimination of minimum lot sizes in some districts.The proposed rules do not regulate lot size and width or land use so they will not create any nonconforming lots or uses of land. Nonconformities rarely affect the sale of property There are no known instances where lenders have refused to finance a mortgage for a property that is a nonconforming lot of record, or has a legal nonconforming (or"grandfathered")structure or nonconforming characteristic of use. Lenders may have some concerns with ille al nonconformities (in violation of the local ordinance) or with properties that are nonconforming uses of land. State law allows cities to require that the property come into conformance with the current zoning district if a property is abandoned for more than 12 months or it is destroyed by more than 50%and a building permit is not obtained within 180 days. Many local planning and zoning staff in the MRCCA noted that in most cases when a lender contacts them about a nonconformity,they simply want verification of whether it is legal and can be rebuilt if destroyed. If my property has nonconforming characteristics,such as a cleared Shore Impact Zone,how will that affect me? Under state law and under the draft MRCCA rules,your site may remain as it is; however, any future clearing would have to comply with the local ordinance. A single nonconforming feature of a property does not mean that the entire property is"nonconforming." What about nonconformities in a floodplain area? Legal nonconformities in floodplain areas have more limited rights because federal rules for flood insurance are more stringent than state law. Local governments must meet federal standards affecting nonconforming uses and structures in floodplain areas in order to maintain community eligibility for the National Flood Insurance Program (NFIP). Resources for Further Information The following websites offer good information on nonconformities: • City of St. Paul Park: http://www.stpauli3ark.govoffice.com/index.aso?Tvpe=B BASIC&SEC=%7B503BB069-068F 4177-B7A6-699EO42F75C6%7D&DE=%7BE89702FA-792D-44BA-87ED-OD176E1FB107%7D • City of Bloomington: httP://www.ci.bloomington.mn.us/citvhaII/dept/commdev/planning/regs/zoneproiect/nonconf ag.htm • League of Minnesota Cities Resource Librarv: http://www.Imc.org/page/1/resource-librarv.isp(type in keyword "nonconformities") .-,Mississiml River Corrltlor CHOCel Area Rulemaking,Prolect Mississippi River Corridor Critical Area (MRCCA) DNR Working Draft Rules — Clean Version June 2, 2014 Ymiraon otx�^a .cwu+[m,xts Introduction & MRCCA Rulemaking Background The MRCCA is a unique land corridor along the Mississippi River within the seven-county metro area. The corridor is 72 miles long, 54,000 acres in area, and within the jurisdiction of 30 local governments (LGUs). Land development in the corridor is guided by state regulations,which are currently implemented through local plans and ordinances that are reviewed and approved by the DNR.The Metropolitan Council works with the DNR to review plans and ordinances. The MRCCA was established in the 1970s by Executive Order,a type of state regulation that cannot be readily changed or updated. Over the last decade, it has become increasingly challenging for the state and local governments to administer regulations under the Executive Order because it: • does not provide DNR with clear criteria for evaluating local plans and ordinances, • limits redevelopment and reinvestment in the corridor, • is complex and costly to administer, • provides inadequate resource protection due to vague and outdated language, and • requires that numerous and often conflicting resources and functions be conserved (scenic, environmental, mineral,economic,cultural,and historic) but does not prioritize among them. In 2009,the Minnesota Legislature directed the DNR to establish rules for the MRCCA.The DNR undertook an extensive participation process from 2009-2010 that resulted in the "2011 draft rules."At the conclusion of the process,the previous administration did not support the proposed rules,and local concern and opposition to the rulemaking was growing. As a result,the rulemaking process halted in 2011 and the DNR's statutory authority to do rulemaking expired. In 2013,the Legislature restored DNR's rulemaking authority and made changes to the statutory language guiding rule development,with greater emphasis on addressing local government concerns and consideration of existing and potential new development. The DNR established the following goals to guide this new rulemaking effort: • maintain and improve water quality and habitat, • better recognize existing and planned development, • increase flexibility for local governments, • focus on rules that best achieve resource protection,and • simplify administration and clarify language. Rulemaking Schedule Phase I: LGU Review During Phase I of the rulemaking schedule(Figure 1), consultation with LGUs was the primary focus of DNR's renewed rulemaking effort. Over the past ten months, DNR staff has met individually with each LGU's staff/officials and three times with a group of LGUs convened by Metro Cities,with multiple follow-up calls and meetings. The DNR has also met with the Metropolitan Council and National Park Service, as well as with several groups representing environmental and development interests. DraftFigure 1 2013-2015 MRCCA Rulemaking Schedule Output of PHASE II PHASE III ., Public Outreach & Formal Rule Adaption Rule RevlSlan nfovemberZQI4-Earfy 2015 !u»e 2Q14-October 2Q14 publish Notice of Intent to Adopt Rules with a Public Hearing PHASE � PubhshRequestforComments{RFC} Nav2024 lune 2014 ��7V R@View Notify all parties on Mailing List R Notify all Property©wners Nov 2014 July 2Q13-April 2Q24 lucre 2014 Public Comment Period 30-Day Formal Comment Period iYou—Dec 2014 Kick-off Meeting with LMCjMetro Cities (starts apart publicotion of RFCf Jul 27,2013 Spring/Summer20I4 Public Hearing 78D Meetings with LGLts to Iden#ify Meetings with Interested Parties Opportunities for Improving Draft Rules Summer 2014 Respond to Comments/Rebuttal Aug-Sep 2013 TBD Public Meetings&Open Houses Recap Meeting with LMC/Metro Cities Summer 2014 Administrative Law Judge Report t7c#24;202.3 TBD Revise Rules Based an Comments Revise Draft Rules' FoU2014 Governor Review&Approval/Meta fUov 2033—Morch 2014 7BD Revise SONAR Recti Meetin with LMC M� Faff 2024 R g / Adopt Rule Apri}1i5,2014 TBD i Phase II: Public Outreach and Rule Revision This document has been prepared to accompany the Request for Comments(RFC) which begins Phase 11 of the rulemaking process (Figure 1).This document is a working draft of the rules that incorporates proposed •m the 2011 draft rules. It is the product of the DNR's efforts over the last ten months (Phase 1). Highlights of the proposed • • the 2011draft rules include: space •-• • • reduction in the number of nonconformities (existing or created) and greater emphasis on the continuance of those structures/lots going forward; • stronger rules governing vegetation removal and land alteration;subdivisions and other large scale development and redevelopment projects; and the protection of native plant communities, bluffs,steep slopes,and shore impact zones;and • simplified and streamlined administrative procedures for the review and approval of plans and ordinances,and improved organization for easier reading and administration. This phase is intended to provide for informal feedback on the working draft rules before they are finalized for Phase III—Formal Rule Adoption (Figure 1). Phase III: Formal Rule Adoption This third phase is a formal process that begins with a Notice of Intent/Hearing to adopt the rules,with a public hearing presided over by an Administrative Law Judge. How to read this document... All proposed revisions to the 2011 draft rules have been incorporated into this"clean"version for a less complicated reading experience.A parallel,"tracked"version is also available that shows all changes made to the 2011 draft rules. Potential changes to numeric thresholds,such as height,setbacks,open space dedication,and permit requirements, have not been "set in stone", but rather are presented in the draft as ranges that are highlighted for public input. A commentary column to the right of the proposed rule text guides readers through the rules and provides some explanation for various provisions and proposed changes, and also draws attention to specific thresholds and provisions for which DNR is seeking input and direction. How to comment... Interested persons or groups may submit comments on these working draft rules in writing until 4:30 p.m. on August 15, 2014. Guidance on submitting comments is available at the MRCCA rulemaking webpage (link below). Comments and questions should be directed to: Daniel Petrik at Minnesota Department of Natural Resources, 500 Lafayette Road,St. Paul, MN 55155-4025, 651-259-5714 (phone), 651-296-1811(facsimile), and mrcca.rulemaking@state.mn.us. For additional information on the MRCCA rulemaking, including information on public meetings over the summer,visit: http://www.dnr.state.mn.us/input/rules/mrcca/index.html Table of Contents PART PAGE# 6106.0010 POLICY.........................................................................................................................1 6106.0020 PURPOSE .....................................................................................................................1 6106.0030 SCOPE..........................................................................................................................1 6106.0040 SEVERABILITY...............................................................................................................2 6106.0050 DEFINITIONS................................................................................................................2 6106.0060 ADMINISTRATION OF PROGRAM................................................................................ 10 6106.0070 PREPARATION, REVIEW,AND APPROVAL OF PLANS AND ORDINANCES....................... 13 6106.0080 ADMINISTRATIVE PROVISIONS FOR ORDINANCES....................................................... 18 6106.0090 INCORPORATIONS BY REFERENCE...............................................................................20 6106.0100 DISTRICTS ..................................................................................................................21 6106.0110 USES..........................................................................................................................23 6106.0120 DIMENSIONAL STANDARDS .......................................................................................26 6106.0130 GENERAL DEVELOPMENT STANDARDS FOR PUBLIC FACILITIES..................................... 28 6106.0140 GENERAL DEVELOPMENT STANDARDS FOR PRIVATE FACILITIES................................... 30 6106.0150 VEGETATION MANAGEMENT AND LAND ALTERATION STANDARDS............................. 32 6106.0160 STORMWATER MANAGEMENT STANDARDS ...............................................................37 6106.0170 SUBDIVISIONS AND LAND DEVELOPMENT STANDARDS...............................................37 Page intentionally left blank. Proposed Rules Relating to Mississippi River Corridor Critical Area Working Draft Rules Commentary/Rationale for Changes PART 6106.0010 POLICY It is in the interest of present and future generations to preserve and The policy statement establishes the overall enhance the natural, aesthetic, cultural, and historical values of the goal of the proposed rules as authorized by Mississippi River corridor within the Twin Cities metropolitan area and state statute. protect its environmentally sensitive areas. In furtherance of the policies declared in Minnesota Statutes, chapters 116G, 394 462 and 473,and by Executive Order 79-19,the commissioner does hereby provide standards and criteria for the preservation, protection, and management of the Mississippi River Corridor Critical Area PART 6106.0020 PURPOSE The following minimum standards and criteria are provided for the This part lays out the goals of the rules.MS subdivision, use, and development of land within the Mississippi National 116G.15 designates the Mississippi National River Recreation Area(MNRRA)as a state River and Recreation Area,which is designated the Mississippi River critical area per the Critical Areas Act and Corridor Critical Area.The purposes of the minimum standards and criteria identifies these five purpose statements, are to: which come directly from EO 79-19 and MS A. protect and preserve the Mississippi River and adjacent lands that 116G.15. the legislature finds to be unique and valuable state and regional resources for the benefit of the health, safety, and welfare of the citizens of the state, region, and nation; B. prevent and mitigate irreversible damages to these state, regional, and national resources; C. preserve and enhance the natural, aesthetic,cultural, and historical values of the Mississippi River and adjacent lands for public use and benefit; D. protect and preserve the Mississippi River as an essential element in the national, state, and regional transportation, sewer and water, and recreational systems; and E. protect and preserve the biological and ecological functions of the Mississippi River corridor. PART 6106.0030 SCOPE This part describes the physical land area Subpart 1.Applicability.The standards and criteria for the Mississippi covered by the rules, the general roles and River Corridor Critical Area,defined for the purpose of these parts as responsibilities of agencies in furthering the the"MRCCA rules," established in parts 6106.0010 to 6106.0170 purpose of the rules, and the applicability of pertain to public waters and to public and private lands within the river other regulations within the MRCCA. Using the terminology of"MRCCA rules"enables us corridor boundary established by Executive Order 79-19. to refer to the rules in a simpler manner than Subp. 2. Government actions.The state and all local governments, 'parts 6106.0010 to 6106.0150" including councils, commissions, boards,districts, departments,and This subpart requires all state and local units other public authorities, must exercise their powers so as to further the of government with jurisdiction in the MRCCA purposes of the MRCCA rules. to act in accordance with these rules. Subp. 3. State land. Land owned by the state and its agencies and 1 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes subdivisions must be administered according to the MRCCA rules. Subp. 4. Conflicting standards. In case of a conflict between this chapter and any other rule,the more protective provision applies. Subpart 5 was added at the request of local Subp. 5. Local determination. Local governments may determine governments to reduce complexity and whether to administer the Minnesota statewide shoreland confusion on overlapping regulations.It gives management standards in parts 6120.2500 to 6120.3900 within the local governments the option of discontinuing Mississippi River Corridor Critical Area. administration of statewide Shoreland Subp. 6. Superseding standards. Specific standards found in this Management within the MRCCA. chapter supersede Executive Order 79-19 and parts 4410.8100 to 4410.9910 for management of the Mississippi River Corridor Critical Area. PART 6106.0040 SEVERABILITY Severability means that if particular elements of these rules are found to be Minnesota Statutes,section 645.20, applies to this chapter. unconstitutional,the remaining provisions will continue in force as law. This is a standard clause of all rules and ordinances. PART 6106.0050 DEFINITIONS Of these terms and definitions: Subpart 1. Scope of terms and measurement of distances. For the • 16 refer to or are derived from Minnesota purposes of parts 6106.0010 to 6106.0150,the terms used have the Statutes,section 116G and/or Executive Order 79-19,including:adjacent,barge meaning given in this part.All distances, unless otherwise specified, are fleeting area,bluffline;developer, measured horizontally. development,discretionary action;essential Subp. 2. Access path. Access path means an area designated to services;local government;MUSA;off- provide ingress and egress to public waters. premise advertising signs,parcel,public transportation facilities,public safety Subp. 3.Adjacent. "Adjacent" means having a boundary that physically facilities;setback,•steep slope;and touches or adjoins. transmission services. Subp.4. Aggregate extraction. "Aggregate extraction" means removal • 22 refer to existing terms and definitions in other state statutes or another chapter of of stone,sand, gravel,or other material from the land for commercial, rule, including:agricultural use;conditional industrial,or governmental purposes. use,conservation easement,dock,feedlot; Subp. 5. Aggregate mining. "Aggregate mining" means construction, floodplain;interim use,lot,marina,mooring reconstruction, repair, relocation,expansion,or removal of any facility facility,nonconformity,ordinary high water for the extraction,stockpiling,storage, disposal,or reclamation of level,•plat,port,public waters,storm water, nonmetallic minerals.Aggregate mining does not include ancillary subdivision;subsurface sewage treatment • facilities such as access roads, bridges, culverts, and water level control system;variance,wetland, and wharf. structures. For purposes of this subpart, "facility" includes all mine pits, •clarify concepts useful in administering the the remaining definitions are new and quarries,stockpiles, basins, and any structures that drain or divert rules. public waters to allow mining. Subp. 6. Agricultural use. "Agricultural use" has the meaning given under Minnesota Statutes,chapter 40A. Subp. 7.Alternative design. "Alternative design" means subdivision design methods such as conservation design,transfer of development density, or similar zoning and site design techniques that protect open space and natural areas. 2 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes Subp. 8. Barge fleeting. "Barge fleeting" means temporarily parking and securing barges on the river, on or off channel,while tows are assembled or broken up. Subp. 9. Bioengineering. "Bioengineering" means use of living and nonliving plant materials, in combination with natural and synthetic support materials,for slope stabilization, erosion reduction, and vegetative establishment. Subp. 10. Bluff. "Bluff" means a natural topographic feature having all of the following characteristics: A. a slope that rises at least 25 feet above the ordinary high water The bluff definition is consistent with that in level or toe of the bluff. For the purposes of this subpart, "toe of the statewide Shoreland Management rules. the bluff' means the lower point of a horizontal ten-foot A bluff is a natural feature in contrast to man- segment with an average slope exceeding 18 percent;and made features such as highway embankments and road ditches. B. the grade of the slope from the ordinary high water level or toe of the bluff to the top of the bluff averages 30 percent or Bluff impact zone is the some definition used greater. For the purposes of this subpart, "top of the bluff" in the state shoreland rules. means the higher point of the highest horizontal ten-foot "Toe"and"top"are incorporated here for segment with an average slope exceeding 18 percent. ease of reference and understanding. Bluffline is used for measuring structure Subp. 11. Bluff impact zone. "Bluff impact zone" means the bluff and setbacks. land within 20 feet of the bluff. Bluff Impact Zone(BIZ) Subp. 12. Bluffline. "Bluffline" means a line delineating the top of the r bluff. More than one bluff line may be encountered proceeding landward from the river. See also "Top of Bluff." wo.`. Subp. 13. Buildable area. "Buildable area" means the area upon which structures may be placed on a lot or parcel of land and excludes areas a needed to meet setback requirements, rights-of-way, bluff impact zones,slope preservation zones, historic sites,wetlands, designated floodways, land below the ordinary high water level of public waters, and other unbuildable areas. Subp. 14. Building. A structure with two or more outside rigid walls "Building"-New definition is based on FEMA and a fully secured roof,that is affixed to a permanent site. NFIP Standard Flood Insurance Policy Subp. 15. Certificate of compliance. "Certificate of compliance" means definition—to distinguish "building"from a document,written after a compliance inspection, certifying that 'Picnic shelter." development is in compliance with applicable requirements at the time of the inspection. Subp. 16. Commissioner. "Commissioner" means the commissioner of natural resources or his or her designee. Subp. 17. Conditional use."Conditional use" has the meaning given under Minnesota Statutes, chapters 394 and 462 Subp. 18. Conservation easement. "Conservation easement" has the meaning given under Minnesota Statutes,chapter 84C. Subp. 19. Conservation design. "Conservation design" means a pattern 3 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes of subdivision that is characterized by the grouping of lots within a portion of a parcel,where the remaining portion of the parcel is permanently protected as open space. Subp. 20. Conventional subdivision. "Conventional subdivision" means a pattern of subdivision that is characterized by lots that are spread regularly throughout a parcel in a lot and block design. Subp. 21. Deck. "Deck" means a horizontal, unenclosed,aboveground level structure,with or without attached railings,seats,trellises, or other features, attached or functionally related to a principal use or site. Subp. 22. Developer. "Developer" has the meaning given under Local governments asked for clarification on Minnesota Statutes,section 116G.03. which actions fall under"discretionary actions."This definition has been clarified: Subp. 23. Development. "Development" has the meaning given under only land use actions that pertain to the Minnesota Statutes, section 116G.03 MRCCA rules are covered. Subp. 24. Discretionary action. "Discretionary action" means an action under these MRCCA rules related to land use that requires a public hearing,such as preliminary plats,final subdivision plats, planned unit developments, conditional use permits, interim use permits,variances, appeals, and rezonings. Subp. 25. Dock. "Dock" has the meaning given under chapter 6115. Subp. 26. Ecological functions. "Ecological functions" means the functions of vegetation in stabilizing soils, retaining and filtering runoff, providing habitat and recharging groundwater. Subp. 27. Electric power facilities. "Electric power facilities" means equipment and associated facilities for generating electric power or devices for converting wind energy to electrical energy as identified and defined under Minnesota Statutes, chapter 216E. Subp. 28. Essential services. "Essential services" means underground or overhead gas, electrical, communications, steam, or water distribution, collection,supply, or disposal systems, including stormwater. Essential services include poles,wires, mains,drains, pipes,conduits, cables,fire alarm boxes,traffic signals, hydrants, navigational structures, aviation safety facilities or other similar equipment and accessories in conjunction with the systems. Essential services do not include buildings,wastewater treatment works as defined in Minnesota Statutes,chapter 115,or electrical generation and transmission services. Subp. 29. Feedlot. "Feedlot" has the meaning given for animal feedlots under chapter 7020. Subp. 30. Floodplain. "Floodplain" has the meaning given under chapter 6120. Subp. 31. Historic site. "Historic site" means an archaeological site, 4 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes standing structure,site, district, or other property that is: A. listed in the National Register of Historic Places or the State Register of Historic Sites or locally designated as a historic site; B. determined to meet the criteria for eligibility to the National Register of Historic Places or the State Register of Historic Sites after review by the state archeologist or the director of the Minnesota Historical Society;or C. an unplatted cemetery that falls under the provisions of Minnesota Statutes,chapter 307. Subp. 32. Impervious surface. "Impervious surface" means a constructed hard surface that either prevents or retards the entry of Local governments asked for clarification on water into the soil and causes water to run off the surface in greater what surfaces were considered"impervious". quantities and at an increased rate of flow than prior to development. Examples include rooftops, decks,sidewalks, patios, parking lots, storage areas, and driveways, including those with concrete, asphalt,or gravel surfaces.. Subp. 33. Intensive vegetation clearing. "Intensive vegetation clearing" means removal of trees or shrubs in a contiguous patch, strip, row, or block. Subp. 34. Interim use. "Interim use" has the meaning given under Minnesota Statutes,chapters 394 and 462. Subp. 35. Land alteration. "Land alteration" means an activity that exposes the soil or changes the topography, drainage,or cross section of the land, excluding gardening or similar minor soil disturbances. Subp. 36. Local government. "Local government" means counties, municipalities,and townships and all agencies, boards, commissions, councils,and departments thereof. Subp. 37. Lot."Lot" has the meaning given under chapter 6120. Subp. 38. Lot width. "Lot width" means the shortest distance between lot lines measured at both the ordinary high water level and at the required structure setback from the ordinary high water level for riparian lots. For nonriparian lots,the lot width is the shortest distance between side lot lines as measured at the midpoint of the longest axis of the lot. Subp. 39. Marina. "Marina" has the meaning given under chapter 6115. Subp. 40. Metropolitan urban service area. "Metropolitan urban service area" means the area in which the Metropolitan Council ensures that regional services and facilities under the council's jurisdiction are provided. Subp.41. Mooring facility. "Mooring facility" has the meaning given under chapter 6115. Subp.42. Native plant community. "Native plant community" means a 5 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes a plant community that has been mapped as part of the Minnesota Biological Survey or equivalent survey. Subp.43. Natural vegetation. "Natural vegetation" means any "Natural vegetation"is used in the vegetation combination of ground cover, understory, and tree canopy that,while it and land alteration standards. may have been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat and recharge groundwater. Subp.44. Nonconformity. "Nonconformity" has the meaning given under Minnesota Statutes,chapters 394 and 462. Subp.45. Nonriparian lot. "Nonriparian lot" means a lot that does not abut public waters. Subp.46. Off-premise advertising signs. "Off-premise advertising signs" means those signs that direct attention to a product,service, business, or entertainment venue that is not exclusively related to the premises where the sign is located. Subp. 47. Ordinary high water level. "Ordinary high water level" has the meaning given under Minnesota Statutes,section 103G.005. Subp.48. Parcel. "Parcel" means a quantity of land capable of being described with such definiteness that its location and boundaries may be established,which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. Subp. 49. Patio. "Patio" means a constructed hard surface located at ground level. Picnic shelter is defined to distinguish it from Subp. 50. Picnic shelter. "Picnic shelter' is a roofed structure open on "building." Picnic shelters may be placed all sides,accessory to a recreational use. within setbacks, but not in SIZ, BIZ orSPZ. Subp. 51. Planned unit development. "Planned unit development" means a method of land development that merges zoning and subdivision controls,allowing developers to plan and develop a large area as a single entity, characterized by a unified site design,a mix of structure types and land uses,and phasing of development over a number of years. Planned unit development includes any conversion of existing structures and land uses that utilize this method of development. Subp. 52. Plat. "Plat" has the meaning given under Minnesota Statutes, chapters 505 and 5158. Subp. 53. Port. "Port" means a water transportation complex established and operated under the jurisdiction of a port authority according to Minnesota Statutes, chapter 458. Subp. 554. Primary conservation areas. "Primary conservation areas" The purpose of defining 'primary means key resources and features, including shore impact zones, bluff conservation areas"is to clearly identify key impact zones,slope preservation zones,floodplains,wetlands,gorges, resources and features to protect as land is areas of confluence with key tributaries, natural drainage routes, developed or redeveloped. The term is used in several parts of the rules, including the 6 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes unstable soils and bedrock,significant existing vegetative stands,tree standards for subdivision and open space, to canopies, native plant communities, public river corridor views, other ensure that key resources and features are scenic views and vistas, and cultural and historic sites and structures. given priority consideration for protection as open space. Subp. 55. Professional engineer. "Professional engineer" means an engineer licensed to practice in Minnesota. Subp. 56. Project area. "Project area" means a parcel in its entirety as proposed for development. Subp. 57. Public recreational facilities. "Public recreational facilities" means recreational facilities provided by the state or a local government or dedicated to public use, including scenic overlooks, observation platforms,trails,docks,fishing piers, picnic shelters,water access ramps, and other similar water-oriented public facilities used for "Public river corridor views"is a new recreation. definition used in standards that encourage Subp. 58. Public river corridor views. "Public river corridor views" identification and protection of key views of means views toward the river from public parkland and views toward the corridor. bluffs from the ordinary high water level of the opposite shore, as seen during the summer months. Subp. 59. Public transportation facilities. "Public transportation facilities" means all transportation facilities provided by the state or a local government or dedicated to public use,such as roadways,transit facilities, railroads, and bikeways. Subp. 60. Public utilities. "Public utilities" means electric power facilities,essential services,and transmission services. Subp. 61. Public waters. "Public waters" has the meaning given under Minnesota Statutes, section 103G.005. Subp. 62. Readily visible. "Readily visible" means land and development that is easily seen from the ordinary high water level of "Readily visible"provides a performance tstandard in response to requests by local he opposite shore during summer months. governments and other stakeholders to Subp. 63. Resource agency. "Resource agency" means any federal, clarify visual standards. state, regional or local agency that engages in natural or cultural resource protection or restoration activities, including planning, "Resource agency"is a new definition—the implementation and monitoring. term is used in the text. Subp. 64. Retaining walls. "Retaining walls" means vertical or nearly vertical structures constructed of mortar and rubble masonry, rock, or stone regardless of size,vertical timber pilings, horizontal timber planks with piling supports,sheet pilings, poured concrete,concrete blocks, or other durable materials. Subp. 65. Riparian lot. "Riparian lot" means a lot that abuts public waters. Subp. 66. Riprap. "Riprap" means coarse stones, boulders, cobbles, broken rock or concrete,or brick materials placed or constructed to armor shorelines,streambeds, bridge abutments, pilings and other 7 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes shoreline structures against scour,water or ice erosion. Subp. 67. River-dependent commercial and industrial use. "River- dependent commercial and industrial use" means use of land for commercial or industrial purposes,where access to and use of a surface water feature is an integral part of the normal conductance of business, such as barge facilities, ports, and marinas. Subp. 68. Selective vegetation removal. "Selective vegetative removal" 'Selective vegetation removal"-new term means the removal of individual trees or shrubs that are not in a used in the vegetation management contiguous patch,strip, row,or block and that does not substantially standards. reduce the tree canopy or understory cover. Subp. 69. Setback. "Setback" means a separation distance measured Shore Impact Zone(SIZ) horizontally. OHVWL K OHWI Setback Subp. 70.Shore impact zone. "Shore impact zone" means land located Structure Setback _ between the ordinary high water level of public waters and a line Shoes parallel to it at a setback of 50 percent of the required structure Imps e : structure setback or 50 feet landward of the ordinary high water level in areas of agricultural use. Subp. 71. Shoreline facilities. "Shoreline facilities" means facilities that require a location adjoining public waters for ingress and egress, loading and unloading, and public water intake and outflow,such as Shoreline facilities are river-dependent and barge facilities, port facilities, commodity loading and unloading need a riverfront location, consistent with the equipment,watercraft lifts, marinas,short-term watercraft mooring economic purposes of the river corridor as facilities for patrons, and water access ramps.Structures that would be described in EO 79-19. The term is used in several parts of the draft rules, including the enhanced by a shoreline location, but do not require a location design standardsfor river-dependent adjoining public waters as part of their function, are not shoreline commercial and industrial uses, and the list of facilities,such as restaurants, bait shops, and boat dealerships. exceptions to OHWL setbacks. Subp. 72.Shoreline recreational use area. "Shoreline recreational use area" means the area within the shore impact where natural vegetation may be cleared for recreational purposes. Subp. 73. Slope preservation zone. "Slope preservation zone" means Slope Preservation Zone ISM land on and within 20 feet of a very steep slope. Subp. 74. Steep slope. "Steep slope" means a natural topographic ... feature with an average slope of 12 to 18 percent, measured over a «�a horizontal distance equal to or greater than 50 feet. Subp. 75. Storm water. "Storm water" has the meaning given under chapter 7090. Subp. 76. Structure. "Structure" means a building, sign, or appurtenance thereto,except for aerial or underground utility lines, such as sewer, electric,telephone,telegraph,or gas lines, including towers, poles, and other supporting appurtenances. Subp. 77. Subdivision. "Subdivision" has the meaning given under Minnesota Statutes, chapter 462. 8 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes Subp. 78.Subsurface sewage treatment system. "Subsurface sewage treatment system" has the meaning given under chapter 7080. Subp. 79.Toe of the bluff. See under"Bluff". Subp. 80 Toe of the slope.See under"Slope" Subp. 81.Top of the bluff.See under"Bluff". Subp. 82.Top of the slope.See under"Slope" Subp. 83.Transmission services. "Transmission services" means: A. electric power lines, cables, pipelines,or conduits that are: (1) used to transport large blocks of power between two points, as identified and defined under Minnesota Statutes,chapter 216; and (2)for mains or pipelines for gas, liquids,or solids in suspension, used to transport large amounts of gas, liquids, or solids in suspension between two points;and B. telecommunication lines, cables, pipelines,or conduits. Subp. 84.Variance. "Variance" has the meaning given under Minnesota Statutes, chapters 394 and 462. Subp. 85.Very steep slope. "Very steep slope" means a natural topographic feature having all of the following characteristics: A. the slope rises at least ten feet above the ordinary high water level or toe of the slope. For the purposes of this subpart, "toe protection of slopes over 18%was required by of the slope" means the lower point of the lowest horizontal EO 79-19. ten-foot segment with an average slope exceeding 18 percent; and B. the grade of the slope from the ordinary high water level or toe of the slope to the top of the slope averages 18 percent or greater. For the purposes of this subpart, "Top of the slope" means the higher point of the highest horizontal ten-foot segment with an average slope exceeding 18 percent Subp. 86. Water access ramp. "Water access ramp" means a boat ramp,carry-down site, boarding dock, and approach road, or other access that allows launching and removal of a boat, canoe or other watercraft with or without a vehicle and trailer. Subp. 87.Water-oriented accessory structure. "Water-oriented "water-oriented accessory structures" accessory structure" means a small building or other improvement, identifies structures that are commonly except stairways,fences, docks, and retaining walls that, because of the constructed closer to the river than most relationship of its use to public waters, reasonably needs to be located structures. These types of accessory closer to public waters than the normal structure setback. Examples structures are listed as an exception to OHWL include gazebos,screen houses,fish houses, pump houses, and setbacks in the dimensional standards. detached decks and patios. Subp. 88.Wetlands. "Wetlands" has the meaning given under Minnesota Statutes,section 103G.005. 9 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes Subp. 89. Wharf. "Wharf' has the meaning given under chapter 6115. PART 6106.0060 ADMINISTRATION OF PROGRAM This part lays out the specific roles, responsibilities, and procedures for administering the rules.Many provisions are relatively unchanged from MS 115G.15, EO 79-19 and/or MR 4410. Subpart 1. Purpose,terms,and time frames.This part establishes the This subpart clarifies which plans and roles, responsibilities,and authorities for administration of these ordinances are affected by these rules, the MRCCA rules. For the purposes of this part and part 6106.0070: role that underlying zoning plays,and the timeframes for specific actions. A. the terms"plan," "ordinance," and "plan and ordinance" mean "Plans"refer to only those elements of each Mississippi River Corridor Critical Area plans and ordinances, city's comprehensive plan(or stand-alone and updates or amendments to plans and ordinances, prepared plan)that deal with land use in the MRCCA. to implement the MRCCA rules; and "Ordinances"are those ordinances that B. time frames are measured in calendar days. specifically regulate land use activity within the MRCCA. This clarification in timeframes was requested by local governments. Subp. 2. Responsibilities and authorities.The standards and criteria for This subpart explains the roles and the Mississippi River Corridor Critical Area established in these MRCCA responsibilities of the DNR, the Metropolitan rules must be adhered to by: Council,and local units of government. These three bodies have distinct responsibilities A. the commissioner for reviewing and approving plans and related to plans, ordinances and discretionary ordinances and reviewing discretionary actions; actions. (Discretionary actions refer to actions B. the Metropolitan Council for reviewing plans and commenting requiring a public hearing.)This is unchanged from EO 79-19. on ordinances; Metro Council preference is to focus on plans, C. local governments when preparing, updating, or amending plans not ordinances. This draft includes some and ordinances and reviewing and approving discretionary changes intended to simplify the review actions; and process and reduce the time required. Change to MS 116G will be needed to D. state and regional agencies for permit regulation and plan implement these. development within an agency's jurisdiction, and compliance with zoning regulations of local governments. Subp. 3. Substantial compliance. Local governments within the This subpart states that local governments Mississippi River Corridor Critical Area must adopt, administer,and are responsible for implementing these rules enforce plans and ordinances in substantial compliance with these on the ground. This is unchanged from EO 79- MRCCA rules. Plans and ordinances must be submitted to the 19. Metropolitan Council and the commissioner for review and must be The concept of"substantial compliance"is approved by the commissioner before they are adopted as provided new to the MRCCA and provides local under subpart 11. governments with flexibility to negotiate methods that satisfy the purpose of the rules without being in strict conformance with the rules. The method for pursuing flexibility is covered in part 6106.0070,Subp 6. The flexibility approach is used in the shoreland rules. 10 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes Subp.4. Greater restrictions. This subpart clarifies that local governments may adopt regulations that are stricter than Nothing in these MRCCA rules shall be construed as prohibiting or the rules. This clarification was sought by discouraging a local government from adopting and enforcing plans and local governments and other stakeholders. ordinances that are more restrictive than the rules. Subp. 5. Duties of commissioner. The commissioner must: This subpart details the specific duties of the DNR in administering the rules. A. consult with the United States Army Corps of Engineers, National Park Service, Metropolitan Council,and other agencies and local governments to ensure that the Mississippi River This item states that the DNR must consult Corridor Critical Area is managed as a multipurpose resource with other agencies and LGUs to ensure the corridor is managed as a multipurpose consistent with the purposes of these MRCCA rules as stated in resource. part 6106.0020 and Minnesota Statutes chapter 116G.15,subd. 2; B. provide advice and assistance to local governments and Item B outlines how the DNR will assist local agencies in the Mississippi River Corridor Critical Area during the governments in complying with the rules. development, adoption, administration, and enforcement of plans and ordinances,consistent with the purposes in part 6106.0020; C. be the lead agency to coordinate the preparation,submission, The ordinance review process is now covered review, and modification of plans and ordinances that are underpart 6106.0070. prepared by local governments as provided under 6106.0070. D. review and approve final draft plans and ordinances before The optional activities in this subpart have adoption by a local government as provided under part been deleted because these need not be 6106.0070; and included in rule. E. consult with agencies identified in subpart 9 to ensure that the agencies administer lands and programs under the agencies' jurisdictions consistent with these MRCCA rules. Subp. 6. Duties of Metropolitan Council.The Metropolitan Council Duties of the Metropolitan Council are must: described in this subpart. The Met Council is responsible for reviewing plans and A. incorporate the standards and criteria in parts 6106.0010 to ordinances and providing recommendations 6106.0150 into the council's planning processes; to the DNR for approval of plans and B. work with local governments and the commissioner to ensure ordinances. The Met Council prefers to focus that the standards and criteria in these MRCCA rules are being on plan review rather than ordinance review. adopted and implemented;and C. coordinate with the commissioner on review of plans and commenting on ordinances that are prepared by local governments as provided under subpart 7 Subp. 7. Duties of local governments. Local governments must: This subpart outlines LGU responsibilities: A. prepare or amend plans and ordinances to meet or exceed the • Updating plans and policies for minimum standards and criteria in these MRCCA rules and as consistency with the rules. provided under part 6106.0070; • Updating ordinances for consistency with the rules B. submit proposed plans and ordinances that affect lands within 11 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes the boundaries of the Mississippi River Corridor Critical Area to • Reviewing and approving discretionary the Metropolitan Council and the commissioner for review and actions consistent with their ordinance approval by the commissioner, before adoption as provided and plans. under part 6106.0070,subp. 3; C. adopt, administer,and enforce plans and ordinances as provided underpart 6106.0070,subp. 3; D. send notice of public hearings to consider plans and ordinances Item D details the specific notification and development requiring discretionary action affecting lands requirements. within the boundaries of the Mississippi River Corridor Critical Area to the following parties so that the parties receive the Statutory change would be needed to change notice at least 30 days before the public hearing: notice requirement to 30 days. (1) the commissioner, in a format prescribed by the DNR only needs the notice, and will ask for commissioner, and; extra documents as needed. (2) the National Park Service;and Notification of adjoining local governments (3) for buildings exceeding height limits specified in part will only be required for conditional use 6106.0120,as part of the conditional use permit or variance processes and variances for buildings process, adjoining local governments, including those with exceeding height limits,not for all overlapping jurisdiction and those across the river; and development requiring discretionary action. Notification within 10 days of action is E. send notice of final decisions for actions under item D, including required by MS 116G.15. findings of fact,within ten days following the final decision,to those parties listed under and in the manner prescribed by item D. Subp. 8. Duties of townships and counties. This subpart applies to four townships (Denmark, Grey Cloud Island, Nininger, and A. According to subpart 7,townships must prepare or amend plans Ravenna)and two counties(Washington and and ordinances in substantial compliance with these MRCCA Dakota)that have land use authority within rules, under the authority of Minnesota Statutes,chapters 394, the MRCCA. It describes the responsibilities 462,and 473. and notification requirements of townships B. According to subpart 7,counties must prepare or amend plans, and counties. and may prepare ordinances in substantial compliance with these MRCCA rules under the authority of Minnesota Statutes, chapters 394 and 473. If a county has adopted ordinances under this part: (1) a township's plan and ordinances must be consistent with Township regulations must be at least as and at least as restrictive as the plan and ordinances adopted restrictive as the counties they are in. by the county in which the township is located as provided Since a county and township may have under Minnesota Statutes, chapter 394; concurrent or overlapping jurisdiction, a (2) a township must provide for administration and enforcement township could adopt a county's ordinance by of Mississippi River Corridor Critical Area ordinances;and reference. (3) a township may adopt a county's ordinances by reference. Subp. 9. Duties of other agencies. This subpart describes the duties for all special units of government or government An agency owning and managing lands within the Mississippi River agencies. This is unchanged from EO 79-19, Corridor Critical Area must manage the lands under the agency's which states that agencies will comply with ownership consistent with these MRCCA rules. For purposes of this MRCCA requirements. subpart, "agency" means the Metropolitan Airports Commission, 12 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes University of Minnesota, Department of Natural Resources, Metropolitan Council, Minneapolis Park and Recreation Board,Three Does not include federal agencies and Rivers Park District, Department of Transportation,Anoka-Ramsey institutions over which the state has no Community College,watershed management organizations as authority. established under Minnesota Statutes, chapter 1038,watershed districts as established under Minnesota Statutes,chapter 103D, or any other state or local general or special purpose unit of government. PART 6106.0070 PREPARATION, REVIEW,AND APPROVAL OF PLANS AND ORDINANCES Subpart. 1. Purpose. The purpose of this part is to establish the process, responsibilities,timeframes, content requirements, and evaluation criteria for the preparation, review,and approval of plans and ordinances, in order to ensure an efficient process aligned with other regional and local planning processes. Subp. 2. Adoption schedule. A. The commissioner and the Metropolitan Council will jointly This subpart clarifies that once promulgated, develop a notification schedule for local governments to these rules won't take effect immediately,• local governments won't be required to prepare or amend plans and ordinances to substantially comply prepare or amend plans and ordinances until with these MRCCA rules.The schedule will align as closely as notified by DNR, and will be given a possible with the comprehensive plan update process scheduled reasonable amount of time to do so.Existing under Minnesota Statutes,section 473.851 to 473.871. local plans and ordinances remain in effect B. All plans and ordinances adopted by local governments until new plans and ordinances are approved pursuant to Executive Order 79-19 and chapters 6105 and 6120 by the DNR. that are in existence on the effective date of these MRCCA rules remain in effect and must be enforced until plans and ordinances are amended in substantial compliance with these MRCCA rules, approved by the commissioner,and adopted by the local government as provided under subpart 3. C. Where a local government has not adopted plans and Item C pertains to the cities of Brooklyn ordinances, development must continue to be governed by the Center and Hastings, which currently do not interim development regulations in Executive Order 79-19, until have approved MRCCA ordinances in place such time as plans and ordinances that substantially comply and are subject to the interim development with these MRCCA rules are approved by the commissioner and regulations in EO-79-19. adopted by the local government as provided under subpart 3. D. The adoption of plans and ordinances in substantial compliance Item D clarifies that land use applications and with these MRCCA rules does not in any way limit or modify the projects approved by a local government rights of a person to complete a development that is authorized prior to the adoption of ordinances for as provided under Minnesota Statutes,section 116G.13. compliance with this rule may be completed as approved. Subp. 3. Plan and ordinance review. A. Within one year of notification from the commissioner under subpart 1, local governments must prepare or amend plans and ordinances to substantially comply with these MRCCA rules.The 13 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes commissioner may grant extensions to local governments if requested in writing and if the local government is making a good faith effort to meet the submittal deadline.The extension, if granted, must include a timetable and plan for completion of the ordinance. B. Local governments must formally submit drafts of plans and ordinances to the commissioner and the Metropolitan Council for concurrent review,for review in a format prescribed by the Metropolitan Council staff suggests commissioner. concurrent submittals(currently submitted C. Local governments may propose ordinance standards that are first to Met Council). This would require a not in strict conformity with these MRCCA rules,as provided change to MS 116G to take effect. under subpart 6. If ordinances prepared under item B refer to standards in underlying zoning,then the underlying zoning See cross-reference to flexibility procedures documents must be submitted and considered in combination (subpart 6). with the ordinance, and together must substantially comply To adequately review ordinances, underlying with these MRCCA rules. zoning needs to be documented D. Within 60 days of receiving draft plans and ordinances from The 60-day and 30-day time frames are local governments as provided under item A,the commissioner suggested for coordinated review. 60-day and the Metropolitan Council must review the plan or ordinance period is consistent with requirements for and communicate a decision to the local government. LGus under MS 15.99. (1) The Metropolitan Council must submit its comments to the commissioner within (30) days. The commissioner will have (30)days to complete the review,taking into account the comments submitted by the Metropolitan Council. (2) Plans must be reviewed for consistency with these MRCCA rules and regional systems and policies as specified in MS 473.859. The Metropolitan Council must review and Metro Council roles are adjusted per their comment on the plan regarding consistency with the input in order to clarify time frames and council's comprehensive development guide for the coordination. metropolitan area. (3) Ordinances must be reviewed for consistency with these MRCCA rules and with comprehensive plans adopted by local governments. E. Upon completing the review,the commissioner must take one of the following two actions and provide a copy of the decision to the Metropolitan Council and the National Park Service: (1) approve the draft plans and ordinances by written decision and notify the local government; or (2) return the draft plans and ordinances to the local government for modification,with a written explanation of the need for modification. F. When the commissioner returns a draft plan and ordinances to the local government for modification,the local government must revise the draft plan and ordinances within 60 days of 14 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes receipt of the commissioner's written explanation, and must resubmit the revised draft plan and ordinances to the commissioner. Upon receiving the revised draft plan and ordinances from the local government,the commissioner and the Metropolitan Council must conduct the review as provided under item D. (1) The commissioner may grant extensions to local governments if requested in writing and if the local government is making a good faith effort to meet the submittal deadline.The extension, if granted, must include a timetable and plan for completion of the ordinance. G. Within 60 days of receiving the commissioner's approval of a draft plan or ordinance,the local government must adopt the commissioner-approved draft plan and ordinances and submit a copy of the final adopted plan and ordinances,with evidence of adoption,to the commissioner,the Metropolitan Council, and the National Park Service. H. Only those plans and ordinances approved by the commissioner shall have the force and effect of law. I. Once in effect,the local government must implement and enforce the commissioner-approved plans and ordinances. J. If a local government fails to prepare and submit a draft plan and ordinances within one year of notification as provided under item A,fails to incorporate modifications that are acceptable to the commissioner as provided under item E(2),or fails to adopt commissioner-approved plans or ordinances as provided under item H,the commissioner must: (1) prepare plans and ordinances in substantial compliance with these MRCCA rules within 90 days of the deadline for preparation or adoption of plans and ordinances as provided under items A to E or the end date of an extension of time approved by the commissioner as provided under item D; (2) conduct a public hearing as provided by Minnesota Statutes,chapter 14, and other statutes as applicable; (3) within 60 days of the conclusion of the public hearing, adopt the plans and ordinances for the local government's portion of the Mississippi River Corridor Critical Area by written order; and (4) give notice of the adopted plans and ordinances to the affected local government,the Metropolitan Council,and the National Park Service. K. Plans and ordinances that have been adopted by the commissioner apply and have the same effect as if adopted by the local government and must be administered and enforced 15 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes by the local government. L. Local governments may amend plans and ordinances at any time following the procedures detailed in items C through I Item M was added to ensure that MRCCA above. plans are updated regularly and are considered and better integrated with other M. Plans must be updated regularly on the same schedule as other comprehensive plan elements that are being comprehensive plan elements according to Minnesota Statutes, updated every 10 years(i.e. land use, chapter 473. transportation, etc.). Subp.4. Contents of plans. A. The plan must be a component of the local government's This subpart identifies the specific elements comprehensive plan prepared according to Minnesota Statutes, to be included in each LGU MRCCA Plan. chapter 473. Requirement to prepare the plan is in Subp. 3.A above. B. Plans must contain maps, policies,and implementation provisions to: (1) identify and protect primary conservation areas; (2) identify areas that are priorities for restoration of natural Priorities for restoration will be considered as vegetation, erosion prevention, bank stabilization, or other part of the subdivision,PUD, and restoration activities; redevelopment process as outlined in part (3) minimize potential conflict of water surface uses as 6106.0170. provided under Minnesota Statutes,chapter 8613; (4) provide for commercial barge terminals, barge fleeting, and recreational marinas,where appropriate and if applicable; (5) provide for future commercial and industrial uses that require water access; (6) provide for the creation and maintenance of open space and recreation facilities, including parks,scenic overlooks, natural areas, islands, and wildlife areas; (7) identify potential public access points and trail locations; and (8) provide for transportation and public utility development in a manner consistent with these MRCCA rules. Subp. 5. Contents of ordinances. This section outlines what must be included in local ordinances. Requirements on how the A. Local ordinances must substantially comply with the standards ordinance is structured as an overlay district in these MRCCA rules and must include: means that enough information will be (1) definitions consistent with those in part 6106.0050; provided for assessment of changes in (2) administrative provisions consistent with those in part underlying zoning. 6106.0080; (3) minimum standards and criteria consistent with those in part 6106. 0110 through 6106.0170; B. The local ordinance must be structured as an overlay district. If a conflict exists with underlying zoning,the provisions of the overlay district shall govern. Where the underlying zoning standards apply (e.g., height in some districts)those standards must be referenced in the overlay district. Where specific 16 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes dimensions are listed in part 6106.0120,those dimensions must be included in the overlay district. Subpart 6. Flexibility requests for ordinances. A. Local governments may, under special circumstances and with This provision, along with subpart 3,provides the commissioner's prior approval, adopt ordinances that are flexibility to local governments to adopt ordinances that deviate from the rules for not in strict conformity with these MRCCA rules, if the purposes special circumstances. Flexibility was of Minnesota Statutes, section 116G.15, are satisfied, and the requested by local governments to propose ordinance is consistent with the plan prepared by the local their own ordinances to meet the intent of government. Special circumstances may include the following the MRCCA situations: (1) areas where existing urban, residential,commercial or industrial development patterns have been in place for many years and much of the development does not meet the minimum state standards; (2) designation of areas where standards are more restrictive than minimum state standards as trade-offs for other areas where they are less restrictive; (3) the requirements of development, redevelopment, stormwater, parks and other specific plans that are part of an approved comprehensive plan; and (4) existing or planned wastewater,stormwater,water supply and/or utility facilities and similar physical or infrastructural constraints. B. A local government requesting ordinance flexibility must submit the following items to the commissioner as part of the ordinance submittal required under subpart 2: (1) a detailed description of the proposed alternative standards that are not in strict conformity with a demonstration that the alternative standards are consistent with the policies, purposes,and scope of this chapter according to these MRCCA rules; (2) a description of the special circumstances that justify the use of alternative standards; (3) input from adjoining local governments, including those with overlapping jurisdiction and those across the river, and the public potentially affected by the alternative standards; and (4) supporting information, maps, and documents, as appropriate,to explain the request to the commissioner. C. Within 60 days of receiving a complete request for ordinance flexibility as provided in item B,the commissioner must: (1) evaluate the request based on: a) the extent to which alternative standards satisfy the purposes of Minnesota Statutes, Chapter 116G, and the policies, purposes and scope of this chapter; 17 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes b) the likely impact on primary conservation areas and; and public river corridor views;and c) the opportunities for mitigation techniques that address any adverse impacts. (2) Approve or deny the request,state in writing to the local government the reasons for the approval or denial,and, as appropriate,suggest alternative solutions or regulatory approaches that would be acceptable to the commissioner. Subpart 7. Plans and projects of state and regional agencies. State This subpart was added to clarify that state and regional agencies owning and managing lands within the agencies must comply with these rules. Mississippi River Corridor Critical Area must comply with the standards in these MRCCA rules and with local government ordinances. Agencies must include the following elements in their plans and project designs for parks and other protected lands: A. standards for public utilities and facilities consistent with the standards in part 6106.0130;and B. provisions for protection of primary conservation areas and public river corridor views. PART 6106.0080 ADMINISTRATIVE PROVISIONS FOR ORDINANCES This part was added to improve rule organization and provide a logical sequence Subpart 1. Purpose. The purpose of this part is to identify of requirements for local ordinances. administrative provisions that must be included in local ordinances to ensure that ordinances are administered consistent with the purpose of these MRCCA rules. Subp. 2.Variances. Requiring mitigation is an option for local government where warranted,however, if an A. A local government must consider applications for variances impact is determined, mitigation must be consistent with Minnesota Statutes,chapters 394 and 462. In required. addition,the local government's review must consider potential impacts on primary conservation areas and other resources identified in local governments' plans. B. If a local government determines that a variance would affect primary conservation areas or other identified resources, it must require mitigation proportional to the effect of the requested variance on the affected resource as provided in subpart 5. Subp. 3. Nonconformities. A. The purpose of this subpart is to allow uses and structures that came into existence legally, in conformance with then- applicable requirements,to continue to exist and be put to productive use. B. Nonconformities are regulated by local governments consistent with Minnesota Statutes, chapters 394 and 462. C. Local governments may choose to allow expansion of legally 18 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes nonconforming principal structures that do not meet the setback requirements in part 6106.0120, provided that such expansion does not extend further into setbacks required by these MRCCA rules. D. New structures erected in conformance with the setback averaging provisions of part 6106.0120,subp. 3.1) are considered to be in conformance with local ordinance requirements. E. Site alterations that were made legally prior to the effective date of local ordinances adopted under this rule are not considered nonconformities. Subp.4. Conditional and interim use permits. The rules require a CUP or IUP for mining, cellular towers,facilities to accommodate A. In addition to meeting the requirements of Minnesota Statutes, disabilities,and buildings exceeding height chapters 394 and 462, a local government's review of limits in some districts. This subpart also conditional and interim uses must consider potential impacts applies to activities that LGUs regulate on primary conservation areas and other resources identified in through their required CUPS and IUPs. local governments' plans. B. When evaluation and assessment identify an impact under item A,then the issuance of a conditional or interim use permit include conditions for mitigation according to subpart 5. C. Interim use permits must require compliance with plans and ordinances adopted under this part. Subp. 5. Mitigation. This subpart clarifies when mitigation is A. When a local government identifies a potential negative impact required. to primary conservation areas and other resources identified in the local government's plan, it must require mitigation for: (1) a variance granted to ordinances adopted under these MRCCA rules;and (2) a conditional or interim use permit granted pursuant to ordinances adopted under these MRCCA rules. B. Mitigation must be proportional to the impact of the project on Local government may determine primary conservation areas and other resources identified in appropriate mitigation. local governments' plans. Subp. 6. Site plans. This subpart lists what should be included in plan sets to support decision-making on A. Site plans are required for development within the Mississippi discretionary actions such as subdivisions, River Corridor Critical Area that requires discretionary action or PUDs, CUPS, IUPs and for specific permits that requires a permit under these MRCCA rules. required by these rules—for vegetative B. In addition to local requirements,site plans must include,at a removal, land disturbance, or work in the BIZ, minimum: SIZ, or SPZ (1) a detailed description of the project, including how the project complies with the plans and ordinances adopted under this part; and 19 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes (2) scaled mapping, dimensional renderings, plans, maintenance agreements,and other materials that identify and describe the following and demonstrate compliance with plans and ordinances,as applicable: a) primary conservation areas; including native plant communities; b) buildable area; c) existing and proposed topography and drainage patterns; d) proposed storm water and erosion and sediment control practices; e) existing and proposed vegetation to be removed and established; f) ordinary high water level, bluff lines, and all required setbacks; g) existing and proposed structures; h) existing and proposed impervious surfaces;and i) existing and proposed subsurface sewage treatment systems. Subp. 7. Accommodating disabilities. Ramps or other facilities to This subpart outlines exceptions to the provide persons with disabilities reasonable access to their property, as standards to accommodate people with required by the federal Americans with Disabilities Act and the federal disabilities through an IUP to allow forADA Fair Housing Act and as provided by chapter 1341, are allowed by compliance without needing to go through interim use permit,subject to the following standards: the variance process. A. parts 6106.0120 to 6106.0170 must be complied with to the maximum extent practicable; and B. the interim use permit expires and the ramp or other facilities must be removed once the property is no longer primarily used by persons with disabilities. PART 6106.0090 INCORPORATIONS BY REFERENCE For purposes of these MRCCA rules,the following documents are These resources are included in this part to incorporated by reference,are subject to frequent change, and are help local governments comply with the rules available through the Minitex interlibrary loan system: using current best practice guidance. A. The Minnesota Stormwater Manual, Minnesota Pollution Control Agency(2013)and as subsequently amended); B. Protecting Water Quality in Urban Areas;Stormwater Best Management Practices Manual, Minnesota Pollution Control Agency(2000 and as subsequently amended); C. Conserving Wooded Areas in Developing Communities: Best Management Practices in Minnesota; Minnesota Department of Natural Resources(2000 and as subsequently amended); D. Design Handbook for Recreational Boating and Fishing Facilities, State Organization for Boating Access(2006 and as 20 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes subsequently amended); E. Trail Planning, Design, and Development Guidelines, Minnesota Department of Natural Resources(2007 and as subsequently amended); F. Mississippi River Corridor Critical Area District Map, Minnesota Department of Natural Resources (2014 and as subsequently amended); G. Mississippi National River and Recreation Area Visual Resources Protection Plan, National Park Service (2014 and as amended); and H. Native Vegetation Establishment and Enhancement Guidelines, Minnesota Board of Water and Soil Resources (2012 and as subsequently amended). PART 6106.0100 DISTRICTS This part establishes new districts as required by MS,chapter 116G.15.Six districts are Subpart 1. Establishment of districts. For purposes of these MRCCA provided in this part. These districts have rules, six districts are established, as described in this part. It is been revised to incorporate feedback from intended that all districts protect and enhance the resources and LGUs and other stakeholders. The features identified in Minnesota Statutes,section 116G.15. dimensional standards covered in Part 6106.0120 vary by district. Subparts 2-8 below describe each district. Subp. 2. Rural&Open Space District(CA-ROS) The most rural portions of the corridor and public parkland in those areas are included in A. The CA-ROS district is characterized by rural low density the CA-ROS district. development patterns and land uses, and includes land that is riparian or visible from the river, as well as large, undeveloped tracts of high ecological value,floodplain, and undeveloped islands. Many primary conservation areas exist in this district. B. The CA-ROS district must be managed to sustain and restore the rural and natural character of the corridor, and to protect and enhance existing habitat, public river corridor views, and scenic, natural, and historic areas. Subp.4. River Neighborhood District(CA-RN) CA-RN District:Developed residential lands and existing/planned parkland that are visible A. The CA-RN district is characterized by residential neighborhoods from the river, or that abut riparian parkland, that are riparian or readily visible from the river or that abut for example, within the Mississippi Gorge. riparian parkland. These areas generally have consistent B. The CA-RN district must be managed to maintain the character building heights below 35 feet. of the river corridor within the context of existing residential development. Minimizing erosion and the flow of untreated stormwater into the river and enhancing shoreline habitat are priorities. Subp. 5. River Towns&Crossings District(CA-RTC) CA-RTC District:Historic downtown and river crossing commercial areas,as well as existing A. The CA-RTC district is characterized by historic downtown areas institutional campuses. and limited nodes of intense development at river crossings, as 21 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes well as institutional campuses that predate designation of the MRCCA and include taller buildings. B. The CA-RTC district must be managed in a manner that allows continued growth and redevelopment in historic downtowns and more intensive redevelopment in limited areas at river crossings to accommodate compact walkable development patterns and connections to the river. Minimizing erosion and the flow of untreated stormwater into the river,and providing public access to and public views of the river are priorities in the district. Subp. 6. Separated from River District(CA-SR) CA-SR District:Land that is separated and not A. The CA-SR district is characterized by its physical and visual visible from the river. distance from the river. It includes land separated from the river by distance, development,or a transportation corridor.The land in this district is not readily visible from the river but may be visible from public land across the river. B. The CA-SR district provides flexibility in managing development without negatively affecting the key resources and features of the river corridor. Subp. 7. Urban Mixed District(CA-UM) CA-UM District:Commercial,institutional, and industrial mixed-use areas as well as A. The CA-UM district includes large areas of highly urbanized, existing/planned parklands. mixed-use areas that are a part of the urban fabric of the river corridor, including institutional, commercial, and industrial areas. B. The CA-UM district must be managed in a manner that allows for future growth and potential transition of intensely developed areas without negatively affecting public river corridor views, and that protects bluffs,very steep slopes, and floodplains. Restoring and enhancing bluff and shoreline habitat, minimizing erosion and flow of untreated stormwater into the river, and providing public access to and public views of the river are priorities in this district. Subp. 8. Urban Core District(CA-UC) CA-UC District:Urban cores of Minneapolis and St.Paul. A. The CA-UC district includes the urban cores of Minneapolis and St. Paul. B. The CA-UC district shall be managed with the greatest flexibility. Providing public access to and public views of the river is a priority in the district. Subp. 9. District boundaries. A. The physical boundaries of each district are laid out in the This subpart describes the provisions to Mississippi River Corridor Critical Area District Map, modify district boundaries administratively. This was requested by local governments in incorporated by reference under part 6106.0090.The the 2009-2010 process since EO 79-19 does 22 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes commissioner must maintain the map and may amend the map not provide a mechanism for changing as provided in item B. boundaries. B. The boundaries of a district established under item A may be amended according to subitems (1)to(4). (1) A local government or the Metropolitan Council must submit a formal written request to the commissioner requesting a district boundary amendment.The request must: a) be approved by the appropriate governing body; b) identify proposed changes to plans and ordinances; c) identify changes in land uses, infrastructure,or other conditions that justify the proposed changes since these MRCCA rules were adopted; d) be consistent with local, regional,state, and federal plans; e) address potential negative impacts to primary conservation areas and other resources and features identified in local government plans. f) contain a summary of feedback from affected parties as provided under subitem (2). (2) The local government or the Metropolitan Council requesting the district boundary amendment must give notice of the proposed district boundary amendment to adjoining or overlapping local governments,the Metropolitan Council,the commissioner,the National Park Service, and property owners in the area directly affected by the proposed district boundary amendment and publish notice in an official newspaper of general circulation in the area. (3) Upon receiving a complete request for a district boundary amendment as provided under subitem (1),the commissioner has 60 days to approve or deny the request or return the request for modification. (4) The commissioner must consider the request and all items submitted under subitem (1) and must, by written decision, approve or deny the request or return the request for modification.The decision must include findings that address the consistency of the proposed district boundary amendment with the purposes of these MRCCA rules. C. This subpart does not apply to the river corridor boundary established by Executive Order 79-19. PART 6106.0110 USES Subpart 1. Underlying zoning. Uses permissible within the Mississippi This part describes how uses are regulated. River Corridor Critical Area are generally determined by the local With a few exceptions, uses are regulated by government's underlying zoning,with additional provisions for certain a local government's existing or underlying 23 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes uses as specified by this part. zoning.Subparts 2—7 describe six uses with Subp. 2. Agricultural use.Where agricultural use is allowed by the local special considerations. government, perennial ground cover is required within 50 feet of the ordinary high water level and within the bluff impact zone. Within the slope preservation zone,a local government may allow row crops subject to a conservation plan approved by the soil and water conservation district board. Subp. 3. Feedlots. New animal feedlots and manure storage areas are prohibited. Existing animal feedlots and manure storage areas must conform to the standards in chapter 7020. Subp.4. Forestry.Where forestry is allowed by the local government, tree harvesting and biomass harvesting within woodlands, and associated reforestation, must be conducted consistent with recommended practices in Conserving Wooded Areas in Developing Communities, Best Management Practices in Minnesota, incorporated by reference under part 6106.0090. Subp. 5.Aggregate mining and extraction. If allowed by the local Mining,cellular towers,and disability government, aggregate mining and extraction requires a conditional accommodations are the only uses that use permit or interim use permit issued by the local government, require a CUP or IUP in these rules. subject to the following: A. new aggregate mining and extraction are prohibited within the shore impact zone,slope preservation zone, bluff impact zone, and within 40 feet of the bluff line; B. processing machinery must be located consistent with setback standards for structures as provided in part 6106.0120; C. only one barge loading area,which must be limited to the minimum size practicable, is permitted for each mining or extraction operation; D. new and,where practicable, existing aggregate mining and extraction operations must be managed to minimize visibility and must be screened by establishing and maintaining natural screening devices.The unscreened boundaries of aggregate mining and extraction areas are limited to only the barge loading area; E. a site management plan must be developed by the operator and approved by the local government before new aggregate mining and extraction commence.Operations must be consistent with the site plan throughout the duration of operations at the site. The site management plan must: (1) describe how the site will be developed over time with an emphasis on minimizing environmental risk to public waters; (2) explain where staged reclamation may occur at certain 24 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes points during the life of the site; and (3) address dust, noise,storm water management, possible pollutant discharges, days and hours of operation, duration of operation, any anticipated vegetation and topographic alterations outside the pit,and reclamation plans consistent with the stated end use for the land;and F. existing and new aggregate mining and extraction operations must submit land reclamation and reforestation plans to the local government compatible with the purposes of these MRCCA rules. Subp. 6. River-dependent uses. By the nature of their use, river- dependent uses,such as river-dependent commercial and industrial MS 116G.15 provides for continued river- uses,water supply facilities,wastewater treatment facilities,storm dependent uses. This provision clarifies water facilities, and hydropower facilities, cannot comply with all standards for those uses in the immediate shoreline setback standards under part 6106.0120, but must comply riverfront area. with items A to C. A. Parking areas and structures, except shoreline facilities, must Note also the development standards in part meet the dimensional and performance standards in these 6106.0140. MRCCA rules and must be designed to incorporate topographic and vegetative screening. B. Shoreline facilities must comply with chapter 6115 and must: (1) be designed in a compact fashion so as to minimize the shoreline area affected; and (2) minimize the surface area occupied in relation to the number of watercraft or barges to be served. C. The placement of dredged material is allowed subject to existing federal and state permit requirements and agreements. Subp. 7. Cellular telephone towers. Cellular telephone towers require a conditional use permit or interim use permit issued by the local Cellular tower use moved from "Structure government, subject to the following: Height Exemptions"since it must be treated as a required conditional/interim use. A. The tower must not be located in the bluff impact zone, shore impact zone, or slope preservation zone; B. Placement of the tower must minimize interference with public river corridor views; and C. The applicant must demonstrate that functional coverage cannot be provided through colocation,a tower at a lower height, or a tower at a location outside the Mississippi River Corridor Critical Area. 25 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes PART 6106.0120 DIMENSIONAL STANDARDS This part outlines standards for structure height,setbacks from the water and bluff,• Subpart 1: Purpose. The purpose of this part is to establish and lot area and width. These standards vary dimensional standards that protect primary conservation areas from by district. impacts of development and ensure that new development is sited in appropriate locations. Subpart 2. Structure height. This subpart defines the height standard for each district. A. Structures, including accessory structures, must be no taller than the heights specified for each district: (1) CA-ROS:35 feet; (2) CA-RN: 35 feet; (3) CA-RTC: (48-56)feet, provided tiering of structures away from the Mississippi River and from blufflines is considered, CA-RTC:Input requested!DNR is considering with lower structure heights closer to the river and increasing height from 48'to 56'and adding blufflines and that structure design and placement a CUP for taller buildings,based on LGU minimizes interference with public river corridor views. comments&redevelopment plans. Taller buildings may be allowed by conditional use permit, as provided under item D. (4) CA-SR: height is determined by the local government's underlying zoning, provided the structure's height is CA-SR:Input requested!This revision uses generally consistent with the height of existing surrounding more general language,focusing on the development as viewed from the ordinary high water level height of surrounding development rather than the treeline. Is this change justifiable of the opposite shore; and appropriate? (5) CA-UM: 65 feet, provided tiering of structures away from the Mississippi River and from blufflines is considered,with CA-UM:Input requested!This draft adds a lower structure heights closer to the river and blufflines, CUP provision for toiler buildings, based on and that structure design and placement minimize LGU comments/redevelopment plans. interference with public river corridor views.Taller buildings "Public river corridor views"is defined as(a) may be allowed by conditional use permit, as provided and(b). under item D. (6) CA-UC: height is determined by the local government's underlying zoning, provided tiering of structures away from the Mississippi River and blufflines is considered,with lower structure heights closer to the river and blufflines,and structure design and placement minimize interference with public river corridor views: Revision uses definition of height in underlying zoning,provided it is measured on B. For the purposes of this subpart, height must be measured on the'river side'of a structure. the side of the structure facing the Mississippi River. Item C refers to structures that are exempt C. The height requirements in Item A do not apply to those from the height limits. Exemptions have been structures and facilities identified in Table 1, Exemptions, consolidated in Table 1 for ease of reference. meeting the requirements of part 6106.0130. New standards in D apply to taller buildings that may be allowed by conditional use, a D. Standards and criteria for conditional use permits for taller new provision in item A above. Input buildings.Criteria for considering conditional use permits for requested on CUP standards for taller buildings exceeding the height limits in item A must include the buildings. 26 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes following: (1) assessment of the visual impact of the proposed building on public river corridor views, using the methodology set forth in the Mississippi National River and Recreation Area Visual Resources Protection Plan, incorporated by reference, including public river corridor views from other communities; (2) identification of techniques to minimize the perceived bulk of the proposed building,such as: a) placing the long axis of the building perpendicular to the river; b) stepping back of portions of the fagade; c) narrowing the profile of upper floors of the building;or d) increasing the setbacks of the building from the Mississippi River and/or bluff lines. (3) identification of techniques for preservation of view corridors identified in the local government's plan; and (4) opportunities for creation or enhancement of public river corridor views. Subp. 3. Location of structures. A. Structures and impervious surfaces must not be located in the This subpart describes the structure setbacks shore impact zone and must meet the following setback in each district from the ordinary high water level of the Mississippi River and other rivers requirement from the ordinary high water level of the tributary to the Mississippi River in the Mississippi River and other waters within the Mississippi River MRCCA.It also clarifies that no structures are Corridor Critical Area,as specified for each district: allowed in the shore impact zone—while this (1) CA-ROS: 200 feet from the Mississippi River and 150 feet may seem obvious,since the shore impact from the Minnesota and Vermillion Rivers; zone is half the specified setback distance, some LGUs requested clarity on what could (2) CA-RN: 100 feet from the Mississippi River and 75 feet from and could not be placed in the shore impact the Rum River; zone since it is not explicitly stated anywhere (3) CA-RTC:75 feet from the Mississippi River,Crow River and in the rules. Table 1 also helps to clarify. Rum River; Structure setbacks from the OHWL vary by (4) CASR:75 feet from the Vermillion River; district and river.Specific standards were (5) CA-UM:50 feet from the Mississippi and Rum Rivers; derived from E079-19,existing standards in (6) CA-UC: underlying zoning;and local government ordinances,and existing (7) all other public waters within the Mississippi River Corridor development patterns. Critical Area are subject to underlying zoning. Revision:setback forCA-UCnot required.—no B. Structures and impervious surfaces must not be located in the setback was specified for the current Urban bluff impact zone or the slope preservation zone and must meet Diversified district in EO 79-19. the following setback requirements from the bluff line and the top of very steep slopes as specified for each district: Item a lists the setbacks from bluffs in each district and also clarifies that no structures (1) CA-ROS: 100 feet; are allowed in bluff impact zones or slope (2) CA-RN:40 feet; preservation zones. (3) CA-RTC:40 feet; (4) CA-SR:40 feet; 27 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes (5) CA-UM:40 feet;and (6) CA-UC:40 feet. C. The structure location requirements in items A and B do not Item C refers to the table of exemptions from apply to those structures and facilities listed in Table 1 as height and setback requirements,SIZ, BIZ, exempt from these requirements. and SPZ.It includes many items requested by local governments. D. Where principal structures exist on the adjoining lots on both sides of a proposed building site,the minimum setback may be Item D allows for setback averaging in altered to conform to the adjoining setbacks, provided that the developed areas. This will reduce new structure's height,area,and width riverward or bluffward nonconformities in developed areas. of the setbacks required under items A and B are compatible with adjoining development. No structures or impervious surfaces are allowed within the bluff impact zone,shore impact zone, or slope preservation zone, unless specified in the exceptions under item C and Table 1. E. Subsurface sewage treatment systems, including the septic tank Item E requires septic systems to be set back and absorption area, must be located at least 75 feet from the at least 75 feet from the ordinary high water ordinary high water level of the Mississippi River and all other level. public waters within the Mississippi River Corridor Critical Area. PART 6106.0130 GENERAL DEVELOPMENT STANDARDS FOR PUBLIC This part specifies standards for the design of FACILITIES public facilities, including utilities, Subpart 1. Purpose and Scope. The purpose of this part is to establish transportation and recreation facilities. Design standards for private facilities are standards for public facilities that are consistent with best management covered in part 6106.0140. practices and protect primary conservation areas. The term "public facilities" as used in this part includes public utilities, public Many public facilities are governed by other state statutes and agencies, and DNR role transportation facilities, and public recreation facilities. These facilities regarding these regional facilities is primarily serve the public interest by providing public access to the Mississippi advisory. River corridor or require locations in or adjacent the river corridor, and therefore require some degree of flexibility. Subp. 2. General design standards. All public facilities must be designed and constructed to: A. minimize visibility of the facility to the extent reasonable and consistent with the purpose of the facility; B. comply with the dimensional standards in part 6106.0110, except where indicated in Table 1; C. comply with the land alteration and storm water management requirements in parts 6106.0150-0160. D. avoid primary conservation areas, unless no reasonable alternative exists. If no reasonable alternative exists,then design and construction must minimize impacts; and E. minimize disturbance of spawning and nesting times by scheduling construction to be undertaken at times when local fish and wildlife are not spawning or nesting, respectively. Subp. 3. Right-of-way maintenance standards. Right-of-way maintenance for public facilities is subject to the following standards: 28 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes A. vegetation currently in a natural state must be maintained, where reasonable and prudent; B. where vegetation in a natural state has been removed, native plants must be planted and maintained on the right-of-way;and C. chemical control of vegetation should be avoided when practicable, but when such methods are necessary, chemicals used and the manner of their use must be in accordance with the rules, regulations, and other requirements of all state and federal agencies with authority over the chemical's use. Subp.4. Crossings of public water or public land. Crossings of public River crossings are governed by existing waters or land controlled by the commissioner are subject to approval statutes. by the commissioner according to Minnesota Statutes,sections 84.415 and 103G.245.The commissioner must give primary consideration to crossings that are proposed to be located within or adjoining existing rights-of-way for public transportation and public utilities. Subp. 5. Public utilities. Public utilities must comply with the following Standards for the design of high voltage standards: power lines and other utilities. A. high-voltage transmission lines,wind energy conversion systems greater than five megawatts, and pipelines are regulated according to Minnesota Statutes, chapters 216E,216F,and 216G, respectively; and B. if overhead placement is necessary, utility crossings must be hidden from view as much as practicable.The appearance of structures must be as compatible as practicable with the surrounding area in a natural state with regard to height and width, materials used, and color. Subp. 6. Public transportation facilities. Where public transportation facilities intersect or abut two or more of the districts established under part 6106.0100,the least restrictive standards apply. Public transportation facilities must be designed and constructed to give priority to: A. scenic overlooks for motorists, bicyclists and pedestrians; B. safe pedestrian crossings and facilities along the river corridor; C. access to the riverfront in public ownership; and D. reasonable use of the land between the river and the transportation facility. Subp. 7. Public recreational facilities. A. Buildings and parking. Buildings and parking associated with Item(A)was added to clarify that unlike other public recreational facilities,buildings recreational facilities,with the exceptions noted in Table 1, and parking must meet structure setbacks. must meet the setback requirements in part 6106.0120 and must not be placed within the bluff impact zone,shore impact zone,or slope preservation zone. B. Roads and driveways. Roads and driveways associated with public recreational facilities must not be placed in the bluff 29 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes impact zone,shore impact zone, or slope preservation zone unless no other reasonable placement alternatives exist. If no reasonable alternative exists,then design and construction must minimize impacts. Public trails may be placed in sensitive areas C. Trails,access paths, and viewing areas. Facilities providing subject to these design guidelines. access to or views of the Mississippi River may be placed within the bluff impact zone,shore impact zone,or slope preservation zone if design, construction, and maintenance methods are consistent with the best management practice standards in Trail Planning Design and Development Guidelines, incorporated by reference under part 6106.0090.Trails, paths and viewing areas must be designed and constructed: (1) to minimize visibility from the river and interference with public river corridor views;and (2) to minimize fragmentation of primary conservation areas. D. Water access facilities are subject to the following requirements: (1) watercraft access ramps must comply with chapters 6115 and 6280; and (2) public water access facilities must be designed and constructed consistent with the standards in the Design Handbook for Recreational Boating and Fishing Facilities, incorporated by reference under part 6106.0090. PART 6106.0140 GENERAL DEVELOPMENT STANDARDS FOR PRIVATE Design standards for private facilities are FACILITIES described in this part. Subp. 1 Purpose. The purpose of this part is to provide design standards for private facilities within the Mississippi River Corridor Critical Area that are consistent with best management practices and will minimize impacts to primary conservation areas and other identified resources. Local government ordinances must be consistent with the standards in this part unless the commissioner approves a flexibility request under part 6106.0070 subp. 6. Subp. 2. General design standards. All private facilities must be developed in accordance with the land alteration,vegetation, and stormwater management requirements in parts 6106.0150 and 6106.0160. Subpart 3. Private roads,driveways and parking areas. Private roads, Private roads,driveways and parking areas driveways, and parking areas,with the exemptions noted in Table 1, must meet structure setbacks from the river must: and bluffs and cannot be placed in slope preservation zones. A. be designed and constructed to take advantage of natural Note the exemption in Table 1 for private vegetation and topography to achieve maximum screening from roads,and conveyance structures serving view to minimize visibility; river-dependent uses. B. comply with structure setback requirements according to part 6106.0100; and 30 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes C. not be placed within the slope preservation zone, bluff impact zone, or shore impact zone. Subpart 4. Private water access and viewing facilities. This subpart identifies private water access A. Access paths: and use facilities and provides specific standards for them. (1) if placed within the shore impact zone, an access path must provisions are applicable to residential and to be no more than eight feet wide;and commercial recreation, i.e.yacht clubs, (2) if placed within the bluff impact zone or slope preservation rowing clubs,private institutions,etc. zone, an access path must be no more than four feet wide. B. Water access ramps: (1) must comply with chapters 6115 and 6280;and (2) must be designed and constructed consistent with the applicable standards in the Design Handbook for Recreational Boating and Fishing Facilities, incorporated by reference under part 6106.0090. C. Stairways, lifts and landings. Design and construction of Item Cdescribes the design standards for stairways, lifts, and landings are subject to the following private stairways, lifts and landings. Local standards: governments requested clarification on what (1) stairways and lifts must not exceed four feet in width on is allowed and appropriate design standards residential lots.Wider stairways may be used for for these features. commercial properties and residential facilities held in common, if approved by the local government; (2) landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, and residential facilities held in common, if approved by the local government; (3) canopies or roofs are prohibited on stairways, lifts, or landings; (4) stairways, lifts, and landings must be located in the least visible portion of the lot; and (5) facilities such as ramps, lifts,or mobility paths for persons with physical disabilities are allowed for achieving access to shore areas according to items (1)to (4) and as provided under part 6106.0080,subpart 7. D. Shoreline recreational use areas. One shoreline recreation use area is allowed on each lot, not to exceed 5,000 square feet in total area and 12%of the total lot width or 25 feet, whichever is greater, and not extending more than 25 feet landward from the OHWL. E. Water-oriented accessory structures. One water-oriented accessory structure may be allowed for each riparian lot less than 300 feet in width at the ordinary high water level,with one additional water-oriented accessory structure allowed per each additional 300 feet of shoreline on the same lot. Water- oriented accessory structures are prohibited in the bluff impact 31 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes zone and the slope preservation zone.A water-oriented accessory structure must not exceed 12 feet in height and 120 square feet in area. The structure must be placed a minimum of 10 feet from the ordinary high water level. Subpart 5. Landscaping,patios and retaining walls in non-riparian This new provision applies to existing residential yards in slope preservation zones. developed lots with yards in the Slope Preservation Zone,based on local A. Where non-riparian residential yards within the slope government comments. preservation zone have been altered with lawns,gardens, and similar landscaping, local governments may allow patios and retaining walls up to (250—500)square feet to be constructed, Seeking feedback the threshold;ideally, this threshold would match that for permit in compliance with part 6106.0150, provided that: requirements under the land alteration (1) the slope is not abutting a bluff or part of a natural standards in part 6106.0150 subp. 7. drainageway; (2) the stability of the slope is maintained; (3) the development will not result in erosion problems;and (4) the site is not readily visible. Subp. 6. Private signs. Placement of signs is guided by the local This subpart describes the design and government's underlying zoning,with the following additional placement of signs. provisions: A. The local government may allow off-premise advertising signs, provided that: (1) the signs meet all required setbacks and height limits "Readily visible"—visible from the ordinary standards of these MRCCA rules;and high water level on the opposite site of the (2) the signs are not readily visible. river. B. The local government may allow directional signs for patrons arriving at a business by watercraft, provided that the signs (1) are consistent with Minnesota Statutes, chapter 8613; (2) if located within the shore impact zone, convey only the location and name of the establishment and the general types of goods and services available; (3) are no greater than ten feet in height and 32 square feet in surface area; and (4) if illuminated, have lighting that is shielded to prevent illumination out across the river or to the sky. PART 6106.0150 VEGETATION MANAGEMENT AND LAND ALTERATION STANDARDS Subpart 1. Purpose.The purpose of this part is to establish standards This new part combines previous separate that: parts on vegetation management, land alteration, and bluffs and steep slopes. It A. sustain and enhance the ecological functions of vegetation; establishes general requirements and a B. preserve the natural character and topography of the MRCCA; permit process to achieve the stated purpose. and The ecological function of vegetation,as C. maintain stability of bluffs and very steep slopes; and ensure defined, is to stabilize soils, retain and filter stability of other areas prone to erosion. runoff,provide habitat and recharge groundwater. 32 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes Subpart 2. General provisions. The standards in this section apply to various types of development/land alteration. This A. Applicability. The standards and criteria of this part apply to: approach is very similar to that used by the (1) land alteration: Capital Region and Ramsey-Washington a) within the shore impact zone or 50 feet,whichever is Metro Watershed Districts for managing greater, abutting a public water,wetland, or natural erosion. drainage way; b) within a slope preservation zone;or c) within a bluff impact zone (2) vegetation removal within: a) a shore impact zone; b) a bluff impact zone; c) a slope preservation zone;or d) areas of native plant communities; e) tree canopies and significant vegetative stands identified in local governments' adopted plans. B. In the areas specified in item A, no land alteration or vegetation removal activities are allowed except as provided by this part. Subpart 3. Permit process. Local governments must regulate the land This subpart outlines the permit process and alteration and vegetation removal activities identified in Subpart 2 options for integrating land alteration and through a permit process. vegetation removal permits with other existing permits and/or delegating permitting A. The permit process established by the local government may be responsibilities. through a building permit, land alteration permit,vegetation management permit,or other permit process. B. Local governments may delegate the permitting responsibilities described in this part to a resource agency or other qualified agent as determined by the local government. C. Local governments must require permit applicants to submit information sufficient to evaluate permits for consistency with the standards and requirements of this part and consistent with part 6106.0080 subp. 6.,site plans. D. Local governments must evaluate permit applications for consistency with Table 1 and the performance standards in this part as applicable to guide land alteration and vegetation removal activities. E. When reviewing permit applications, local governments must refer to those areas identified under subpart 2 (A)(2). F. Local governments may grant the permit, deny the permit,or grant the permit with conditions necessary to achieve the purposes of this part,as provided under subpart 5. Subpart 4. General performance standards.The following standards The performance standards in this subpart guide all land alteration and vegetation removal activity in the areas apply to all activities in the designated areas, described in subpart 2. whether or not a permit is required. A. Intensive vegetation clearing is prohibited. B. Development, if permitted, must be sited to minimize land alteration and the removal of or disturbance to natural 33 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes vegetation. C. Maintenance of dead and dying trees that do not pose a potential hazard is encouraged to provide shelter and nesting sites for wildlife. D. Grading that results in terrain that is not characteristic of the natural topography must be avoided. E. Local governments must not restrict the height of ground cover Item E is intended to prohibit"weed"control vegetation in the shore impact zone,the slope preservation ordinances from allowing natural vegetation of any height in these sensitive areas. zone, or bluff impact zone. F. Land alteration and vegetation removal activities must be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. G. The amount of the land alteration and vegetation removal activity must be increasingly limited as the degree of slope and the risk of soil erosion increases. Subpart 5. Vegetation permit requirements. A. Permit not required. The following activities within the areas described in subpart 2, item B, are allowed without a permit: (1) Pruning of branches that pose a visual security or physical safety hazard, and to maintain plant health and to improve aesthetics; (2) Selective vegetation removal that does not reduce the total tree canopy or vegetative cover by more than (5-15% )or Requesting feedback on the vegetation affect an area of more than (1,000—5,000)square feet, removal threshold in(A.2)!Property owners whichever area is less, over a two-year period.This includes routinely remove small amounts of vegetation;the goal is to allow this to removal of vegetation that is dead, dying,or diseased; continue in a non-burdensome way. Is removal of invasive, non-native plants; or to prevent the percent of natural vegetative cover" spread of known diseases or insect pests. something that can be administered or would (3) Maintenance of existing lawns, landscaping, and gardens. another metric be better? This provision (4) Removal of vegetation in emergency situations as seeks to address parcels with variable determined by the local government. amounts of natural vegetation. (5) Right-of-way maintenance for public facilities meeting the standards of part 6106.0130, subp. 3. (6) Agricultural activities meeting the standards of part 6106.0100 subp. 2. B. Permit required. Selective vegetation removal above the thresholds identified in item A(2)or as required for permitted development as specified in Table 1 requires a permit from local government. C. Vegetation removal permit conditions. The local government Permit conditions vary depending on the type must require protective and/or restoration measures as a of vegetation being removed,soil conditions, condition of permit approval as follows: and other factors determined by local (1) Any native plant communities removed must be replaced government. with vegetation equivalent to their habitat,slope stabilization, and stormwater retention value.Stabilization of erodible soils, restoration or enhancement of shoreline 34 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes vegetation, and revegetation of bluffs or very steep slopes visible from the river are priorities for restoration. (2) Removal of other vegetation, including dead, dying, or diseased vegetation and removal of invasive non-native plants, must be replaced with natural vegetation to the greatest extent practicable. Priorities for replacement are the same as those listed in item C(1). (3) Any disturbance of highly erodible soils must be replanted with appropriate deep-rooted vegetation with a high stem density. (4) Other conditions determined necessary by local government. Subpart 6. Vegetation restoration plan requirements. A vegetation restoration plan is required as a Reestablishment of natural vegetation according to a restoration plan condition of violations,as well as for large must be required upon failure to comply with the requirements in this subdivisions or land developments(part part or as part of the planning process for subdivisions as provided in 6106.0170) part 6106.0170. A. The vegetation restoration plan must: (1) include vegetation that provides suitable habitat and effective soil stability, runoff retention and infiltration capability.Vegetation species, composition, density,and diversity must be guided by nearby patches of native plant communities; (2) be prepared by a qualified individual as defined by the local government; and (3) include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three years. B. The local government must issue a certificate of compliance after it has determined that the restoration requirements of items A have been satisfied. C. Vegetation management and restoration activities must be guided by Native Vegetation Establishment and Enhancement Guidelines, incorporated by reference under part 6106.0090,or other appropriate guidance material. Subpart 7. Land alteration permit requirements Requesting feedback on(A)! The 2011 draft rules require erosion and sediment control A. When required. A land alteration permit is required for any BMPs foractivity disturbing 3,000square feet activity that disturbs a total land surface area of(5-10)cubic or more anywhere in the MRCCA. This yards or(250—3,000)square feet within the areas specified in revision proposes to limit the requirement for subpart 2(A)(1). BMPs to disturbances to the specific areas (1) Construction or replacement of retaining walls, riprap, or listed in subp.2(A)(1).Should the disturbance other erosion control structures within the areas specified in threshold at which BMPs are required be the subpart 2(A)(1) requires a permit. same as the permit threshold or something higher.s(Note:Capital Region and Ramsey (2) Land alteration within the bluff impact zone and slope Washington Metro watershed districts 35 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes preservation zone is prohibited except as provided in Table require BMPs for disturbances greater than 1. 1,000 square feet within 500 feet of water.) B. Permit conditions. Temporary and permanent erosion and Land disturbance is prohibited in the bluff sediment control measures must be sufficient to retain impact zone and the slope preservation zone, sediment onsite consistent with established best management subject to some exceptions(see Table 1). practices. Subpart 8. Rock riprap and retaining walls. A. Within shore impact zones, bluff impact zones,and slope preservation zones,construction or replacement of retaining walls, riprap, or other impervious surfaces, or use of bioengineering techniques must meet the following requirements: (1) except as provided under item B, retaining walls, riprap, or other erosion control structures must only be used for the correction of an established erosion problem that cannot be controlled through the use of vegetation,slope stabilization using mulch, a biomat,or similar bioengineering methods. This determination must be done by a qualified person as determined by the local government; (2) design, construction, and maintenance must be consistent with best management practices in Protecting Water Quality in Urban Areas Manual, incorporated by reference under part 6106.0090, or other appropriate resource agency manual; and (3) placement of riprap or retaining walls below the ordinary high water level requires a permit from the commissioner and must comply with chapter 6115. B. In the CA-UC district, bluffs that have been structurally altered Item a addresses existing reinforced bluffs in and/or structurally reinforced may continue to be reinforced, urban areas—i.e.,downtown St.Paul. consistent with the best management practices specified in item A(2). Subpart 9. Development on steep slopes A local government may Steep slopes are defined as slopes between allow structures, impervious surfaces, land alteration,vegetation 12°6 and 18%. removal,or construction activities on steep slopes when the following conditions are met: Vegetation removal standards in this part A. The applicant can demonstrate that the development can be apply if the steep slopes include native plant accomplished without increasing erosion or storm water runoff; communities, tree canopies or significant B. The soil types and geology are suitable for the proposed vegetative stands identified in local development;and governments'adopted plans. C. Vegetation is managed according to the requirements of this part. Subpart 10.Compliance with other plans and programs.All development must: A. be consistent with Minnesota Statutes, chapter 1036,and local water management plans completed under chapter 8410, 36 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes B. meet or exceed the wetland protection standards under chapter 8420;and C. meet or exceed the floodplain management standards under chapter 6120. PART 6106.0160 STORM WATER MANAGEMENT This part describes measures to protect water Subpart 1. Purpose.The purpose of this part is to: quality of the Mississippi River and its A. protect property from damage resulting from storm water tributaries.It recognizes and relies on existing runoff and erosion; federal,state, and local regulations as key B. protect water quality from pollutant loadings of sediment, elements in addressing water quality. nutrients, bacteria, and other contaminants;and C. promote infiltration and groundwater recharge. Subpart 2. Performance standards.The requirements in this part apply Requesting feedback! This provision would to all development that creates new or fully reconstructs impervious reduce the threshold typically required by the surface of more than 10,000 square feet on parcels that abut a public MS4 permit for required stormwater water body, wetland or natural drainageway. treatmentfrom one acre to 10,000 square A. If a local government is covered by an MS4 General Permit from feet in these highly sensitive areas. Comments on the cost of administering this the pollution control agency,then the requirements of the provision by local governments compared to General Permit for post-construction storm water management the water quality benefits are welcome. for new development and redevelopment projects apply. B. If a local government is not covered by an MS4 General Permit, then runoff from the new or fully reconstructed impervious surface must comply with the treatment requirements in the current National Pollution Discharge and Elimination System (NPDES) Program permit for construction storm water. C. Multipurpose trails and sidewalks are exempt from items A and B if there is down gradient vegetation or a filter strip that is at least 5 feet wide. D. Storm water treatment located at the top of slopes must be designed to maintain slope integrity. PART 6106.0170 SUBDIVISION AND LAND DEVELOPMENT STANDARDS This part describes standards for subdivisions, PUDs and other large-scale developments/redevelopments. Subpart 1. General provisions. A. Purpose. The purpose of this part is to provide for subdivision, development and redevelopment of land while protecting primary conservation areas and preserving or restoring the ecological functions of those areas. B. Applicability. This part applies to all subdivisions, planned unit Requesting feedback on(B)—should the developments and redevelopment of land involving(10-20) or threshold for these subdivision/land more acres, including smaller individual sites that are part of a development standards be set at 10 acres,20 common plan of development that may be constructed at acres, or other size? Inventory of parcels in different times,with the following exceptions: the MRCCA[TBA]will show numbers of (1) minor boundary line corrections; parcels in each category. (2) resolutions of encroachments; (3) additions to existing lots of record; and 37 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes (4) placement of essential services. C. Site information. Local governments must require detailed site information and provide for pre-project review of all proposed subdivisions, redevelopments, and planned unit developments as provided under part 6106.0080,subpart 6. Subp. 2. Lot standards for new lots. The lot width provision applies only to new A. Where new lots are created, lot area and width standards for lots on tracts exceeding the size threshold conventional subdivisions and commercial and industrial lots established under subp. 1. Narrower lots may must comply with the requirements of the underlying zoning be allowed if conservation design methods or districts, except as follows: other techniques are used to protect riparian (1) the width of riparian lots in the CA-ROS district must be at areas. least 200 feet, unless alternative design methods are used that provide greater protection of riparian areas. B. Lots must have adequate buildable area to comply with part 6106.0120. C. Local government ordinances must contain incentives for alternative design methods such as conservation design, transfer of development density,or other zoning and site design techniques that achieve better protection of primary conservation areas. Subpart 3. Design standards. A. Primary conservation areas must be set aside as protected open Feedback requested on percentages of open areas.The amount of area to be protected must be determined space:are these ranges reasonable and as a percentage of tract size as follows: appropriate? (1) CA-ROS(1/2): at least(30-50%) (2) CA-RN (3):at least(20-30%) (3) CA-RTC(4), CA-UM (6),CA-UC(7): at least(10-20%) (4) CA-SR (5): (10-20%) if the parcel includes native plant communities or provides feasible connections to a regional park or trail system; otherwise, no requirement B. If the primary conservation areas exceed the percentages provided by item A,then the local government may determine which primary conservation areas are to be protected. C. If primary conservation areas exist but do not have natural vegetation,then a vegetation assessment must be completed for the areas to be protected to determine if vegetation restoration is needed. If restoration is needed, it must be restored according to part 6106.0150 subpart 7. D. If the primary conservation areas do not exist or do not meet the percentages specified under item A, local governments must determine whether any portions of the parcel have been Item D:new provision for restoration of land identified as potential restoration areas in local plans,according areas according to a restoration plan. to part 6106.0070 subpart 4. Where such areas have been identified,vegetation must be restored consistent with a 38 MRCCA Working Draft Rules—DNR,June 2,2014 Working Draft Rules Commentary/Rationale for Changes restoration plan according to 6106.0150,subpart 7. E. Stormwater treatment areas or other green infrastructure may be used to meet the coverage standards if the plants provide suitable habitat. F. The permanent protection of areas that have been set aside for protection or restoration may be achieved through: (1) public acquisition by a government entity for conservation purposes (2) a permanent conservation easement,as provided in Minnesota Statutes, chapter 84C; (3) a deed restriction; or (4) other arrangements that achieve an equivalent degree of protection as determined by the local government. G. Any of the above permanent protection methods must ensure the long-term management of vegetation to meet its ecological functions, prohibit structures, and prohibit land alteration, except as needed to provide public recreational facilities and access to the river. H. Protected open areas must connect neighboring or abutting open space, natural areas, and recreational areas as much as possible to form an interconnected network. Supbart 4. Land dedication. Those local governments that require This section cites existing dedication dedication of land or equivalent amounts of cash for parks and open requirements, but does not add to them. space under Minnesota Statutes 462.358 or 94.25 shall encourage dedication of lands suitable for riverfront access, parks,open space, storm water management or other public facilities within the MRCCA. 39 MRCCA Working Draft Rules—DNR,June 2,2014 Table 1: Exemptions from Setbacks, Height Limits,and Other Requirements in parts 6106.120 through 6106.170 Note that all exemptions in the Shore Impact Zone(SIZ), Bluff Impact Zone(BIZ) and Slope Preservation Zone (SPZ)are also subject to the Vegetation and Land Alteration standards in part 6106.0150 and the Storm Water Management standards in part 6106.0160. Setbacks Height SIZ BIZ/SPZ Standards(the use Limits must comply with standard or referenced parts) Industrial and utility structures requiring N E N N Structure design and placement greater height for operational reasons must minimize interference with (i.e.,elevators, refineries, railroad public river corridor views signaling towers,etc.) Barns,silos,farm structures N E N N Bridges, bridge approach roadways E E E E part 6106.0130 Cellular telephone towers E E N N part 6106.0100 subp.7 Chimneys,church spires,flag poles, N E N N public monuments, mechanical service stacks,and similar mechanical equipment Historic sites and districts E E E E Public utilities(essential services, E E E E part 6106.0130 electric power facilities and transmission services) Public transportation facilities E N (E) (E) part 6106.0130 Public recreational facilities • Buildings and parking N N N N part 6106.0130 • Roads and driveways (E) N (E) (E) part 6106.0130 • Picnic shelters E N N N part 6106.0130 • Trails,access paths and viewing E N E E part 6106.0130 areas • Water access ramps E N E (E) part 6106.0130 River-dependent commercial,industrial and utility uses • Buildings and parking that are not N N* N N part 6106.0110 subp.6 1 part of a"shoreline facility" • Shoreline facilities,i.e., barge and E N* E E part 6106.0110 subp.6 1 port facilities, marinas,etc. • Private roads and conveyance E N* E E part 6106.0110 subp.6 structures serving river-dependent uses Private residential and commercial 1 water access and use facilities • Private roads,driveways and N N N N part 6106.0140 parking areas • Access paths E N E E part 6106.0140 • Water access ramps E N E N part 6106.0140 • Stairways, lifts&landings E N E E part 6106.0140 • Shoreline recreational use area E N E N part 6106.0140 • Water-oriented accessory E N E N part 6106.0140 40 MRCCA Working Draft Rules—DNR,June 2,2014 Setbacks Height SIZ BIZ/SPZ Standards(the use Limits must comply with standard or referenced parts) structures Signs 1 • Off-premise advertising signs N N N N part 6106.0140,subp.6 1 • Directional signs for watercraft E N E N part 6106.0140, subp. 6 1 (private) • Public directional, interpretive, E N E E Structure design and placement educational,safety,or handicapped must minimize interference with designation signs public river corridor views,except as necessary for public safety Rock riprap&retaining walls to correct E N E E Part 6106.0150,subp.8 erosion problems Structural reinforcement of bluffs in E N N E part 6106.0150,subp.8 1 urban areas in CA-UC district Flood control structures E N E E 1 Landscaping, patios and retaining walls E N N E** part 6106.0140 subp.5 in non-riparian residential yards in slope preservation zones { Vegetation restoration and soil E N E E part 6106.0150,subp.6C stabilization projects Expansion of nonconforming structures E N N E part 6106.0080,subp.3 due to setbacks. 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