HomeMy WebLinkAbout1.d. MRCCARosemount 2040 Comprehensive Plan Appendix A – MRCCA
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APPENDIX A: MRCCA
INTRODUCTION
This Mississippi River Critical Area Plan has been prepared to preserve and manage the
environmental, scenic and economic values afforded the City of Rosemount by the Mississippi
River. The city’s policy is to incorporate these values into the Comprehensive Plan. The Critical Area
within the City of Rosemount is located east of Highway 52 and north of Highway 55.
HISTORY AND OVERVIEW
Designated by Governor’s Executive Order in the 1970s, the Mississippi River Corridor Critical
Area (MRCCA) is a land corridor along the Mississippi River in the Twin Cities Metropolitan Area
governed by special land planning requirements and land development regulations. These
regulations, which are implemented through local MRCCA plans and ordinances, protect and
preserve the natural, scenic, recreational, and transportation resources of this section of the
Mississippi River. The MRCCA comprises 72 miles of river and 54,000 acres of surrounding land in
30 local jurisdictions.
Critical Area Act – Tier I
The Critical Areas Act passed by the 1973 Minnesota Legislature provided a process for planning
and managing an area of recreational and statewide public interest. A 72-mile stretch of the
Mississippi River and adjoining lands, which includes part of Rosemount, was designated a Critical
Area by the Governor of Minnesota in 1976. This Critical Area was established to preserve and
enhance the natural environment by providing guidelines for development along the River. Under
provisions of this Act, the designation was made permanent by the Metropolitan Council in 1979.
Local governments and state and regional agencies are required to implement their plans and
regulations consistent with standards for the river corridor in Executive Order 79-19. The Critical
Area requirements are referred to as Tier I standards. Rosemount adopted a Critical Area Plan and
Ordinances to meet the Tier I requirements of the Mississippi River Critical Area in 1980.
Mississippi National River and Recreation Area (MNRRA) – Tier II
In 1988, the Mississippi National River and Recreation Area (MNRRA) was created and became part
of the National Park System (Public Law 100-696). MNRRA was established with a number of goals
that were adopted as part of the City’s 2030 Comprehensive Plan update. In the mid 1990’s the
Governor transferred administrative responsibility for the MRCCA from the Environmental Quality
Board to the DNR, which was later tasked with preparing a report concerning the status of the
MRCCA to respond to concerns around the adequacy of the program. The report was completed in
2008 and identified several approaches to accomplish the preservation and protection goals
developed by the State Legislature.
Rules Update 2009 - Present
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In 2009, the State Legislature amended MN Statutes 116G.15 and directed the DNR to establish
rules for the MRCCA, and revised the legislation again in 2013 and directed the DNR to resume
rulemaking at that time. The new rulemaking effort commenced in 2013, and after a public review
process prepared a final draft of the MRCCA rules in later 2014. Minnesota Rules, Chapter 6106,
became effective on January 4, 2017 and describe the land planning and regulatory framework that
protects the MRCCA’s resources. The rules replace Executive Order 79-19, which previously
governed land use in the MRCCA. The rules require local governments to update their MRCCA
plans (a chapter of the local comprehensive plan) and MRCCA ordinances for consistency with the
rules.
The MRCCA contains many significant natural and cultural resources, including: scenic views, water,
navigational capabilities, geology and soils, vegetation, minerals, flora and fauna, cultural and historic
resources and land and water-based recreational resources. The MRCCA is home to a full range of
residential neighborhoods and parks, as well as river-related commerce, industry, and transportation.
Though the river corridor has been extensively developed, many intact and remnant natural areas
remain, including bluffs, islands, floodplains, wetlands, riparian zones, and native aquatic and
terrestrial flora and fauna. The MRCCA also shares the same border as the Mississippi National
River & Recreation Area (MNRRA), a unit of the National Park Service.
This Mississippi River Corridor Plan has been prepared to ensure that responsible development
occurs in the MNRRA area and to recognize the Mississippi River as an integral part of the City.
Working with adjacent communities and other organizations, Rosemount hopes to protect the
scenic and natural resources and enhance the recreational opportunities within the Mississippi River
Corridor. The City also supports the continued use of the River Corridor for industrial uses.
Accomplishment of goals since last MRCCA Plan
• Enhancements to Spring Lake Park Reserve public infrastructure.
• Worked with existing businesses within the MRCCA to bring facilities closer to compliance
with existing goals and policies.
DISTRICTS
MRCCA DISTRICTS
Six districts are defined in the MRCCA rules. The districts are based on the natural and built
character of different areas of the river corridor. Structure setbacks from the OHWL and bluffs,
building height limits, and the amount of open space required for subdivisions/redevelopment vary
by district. These are the only standards in the MRCCA rules that vary by district. All other
standards apply uniformly throughout the corridor.
Rural and Open Space District (CA-ROS)
• Description: The rural and open space district (CA-ROS) is characterized by rural and low-
density 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 and scenic value, floodplain,
and undeveloped islands. Many primary conservation areas exist in the district.
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• Management Purpose: The CA-ROS district must be managed to sustain and restore the
rural and natural character of the corridor and to protect and enhance habitat, parks and
open space, public river corridor views, and scenic, natural, and historic areas.
Separated From River District (CA-SR)
• Description: The separated from river district (CA-SR) is characterized by its physical and
visual distance from the Mississippi River. The district includes land separated from the river
by distance, topography, development, or a transportation corridor. The land in this district
is not readily visible from the Mississippi River.
• Management Purpose: The CA-SR district provides flexibility in managing development
without negatively affecting the key resources and features of the river corridor. Minimizing
negative impacts to primary conservation areas and minimizing erosion and flow of
untreated storm water into the Mississippi River are priorities in the district.
Urban Mixed District (CA-UM)
• Description: The urban mixed district (CA-UM) includes large areas of highly urbanized
mixed use that are a part of the urban fabric of the river corridor, including institutional,
commercial, industrial, and residential areas and parks and open space.
• Management Purpose: The CA-UM district must be managed in a manner that allows for
future growth and potential transition of intensely developed areas that does not negatively
affect public river corridor views and that protects bluffs and floodplains. Restoring and
enhancing bluff and shoreline habitat, minimizing erosion and flow of untreated storm water
into the river, and providing public access to and public views of the river are priorities in
the district.
In addition to the MRCCA districts described above, three additional districts can be found in other
communities along the Mississippi. Those are the River Neighborhoods district, the River Towns
and Crossings district, and the Urban Core district. All three districts are found in communities
where much more substantial development has occurred within the MRCCA.
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DISTRICT MAP
PRIMARY CONSERVATION AREAS
GENERAL OVERVIEW
Primary Conservation Areas (PCAs) are key resources and features that are given primary
consideration for protection through the MRCCA plan and ordinance. These areas include shore
impact zones, bluff impact zones, floodplains, wetlands, gorges, areas of confluence, natural
drainage routes, unstable soils and bedrock, native plant communities, cultural and historic
properties, significant existing vegetative stands, tree canopies, and other identified resources.
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Shore Impact Zone
The Shore Impact Zone is the land located between the ordinary high water level of public waters
and a line parallel to it located at a setback of 50% of the required structural setback. The shore area
along the Mississippi River and its backwaters is environmentally sensitive, and the Shore Impact
Zone acts as a buffer between the water’s edge and development.
Floodplains and Wetlands
Areas in the MRCCA that are located within the 100-year floodplain are found along property being
used for barge transport. Extensive wetlands in the MRCCA are located on islands and low-lying
areas along the river.
Natural Drainage Ways
Natural drainage ways collect and drain surface water along a linear path. Storm water runoff in the
Mississippi River Corridor follows the natural drainage pattern to the river. There are no identified
streams within the corridor, but water moves via coulees during periods of heavy rain and also as the
snow melts in the spring. Vegetation preservation by the current industrial users has prevented any
drainage problems from developing.
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Bluffs and Bluff Impact Zones
Bluffs are a topographical feature having a slope that rises at least 25 feet with a grade averaging
18% or greater measured over a horizontal distance of 25 feet. Two well-pronounced bluff lines are
within the Critical Area. The upper bluff line follows Pine Bend Trail while the lower bluff is near
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the river. The lower and upper bluffs join together in the northern portion of the Corridor to create
an impressive topographical feature.
The Bluff Impact Zone is the bluff and land within 20 feet of the top of the bluff (bluffline) and
bottom of the bluff (tow).
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Native Plant Communities and Significant Existing Vegetative Stands
All of the remaining native plant communities within the City are located in the MRCCA at the
river’s edge and at the convergence of the upper and lower bluffs. There are significant vegetative
stands located within the MRCCA that have been disturbed or are not original, but are still
important assets to the City of Rosemount. These areas are also identified on Figure XXX. The
eastern orientation of slopes in the corridor creates cooler, moister conditions due to the loss of
afternoon sun. Shade and moisture tolerant plants, such as ferns and mosses, are found in the
understory.
Cultural and Historic Properties
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Although there are no sites listed on the National Register of Historic Places within the City of
Rosemount, the Mississippi River corridor includes areas of historic and cultural importance to
Native Americans and European settlers, the most notable being Kaposia Village located upstream
from Rosemount, which once included 100 members of the Dakota Tribe and twenty lodges formed
in 1838.
Unstable Soils and Bedrock
The Dakota County Soils Survey has identified two general soil associations within the MRCCA.
1. Nearly Level Soils on the Floodplains. This general area is on the floodplains of the
Mississippi River. Much of it is frequently flooded and it is generally too wet to be cultivated.
The area consists of mixed Alluvial land and some Sawmill soils. Colo soils, Riverwash, and
Pear Much are also present. These soils are found on the river islands and near the shoe
along the eastern portion of the Critical Area.
2. Dark-colored Rolling to Nearly Level Soils on Outwash. The major soils in this association
include a mix of the Dakota, Estherville, and Waukegan series. These soils are generally
well-drained and more susceptible to drought, making them less suitable for Agricultural use.
These soils compose the remainder of the Critical Area.
Since the current industrial users maintain a significant amount of the sites in a natural state, there
are no major drainage and/or erosion problems. The areas more susceptible to erosion issues are
those with steeper slopes. These areas have well-established vegetation cover to reduce the risk of
problems.
POLICIES
• Protect PCAs including shore impact areas, wetlands and floodplain areas, native plant
communities, and bluff areas and areas subject to erosion. Minimize impact to PCAs from
public and private development and land use activities (landscape maintenance, river use,
walking/hiking, etc.).
• Support mitigation of impacts to PCAs during the review of subdivisions/PUDs, variances,
CUPs, and other permits.
• Make restoration of removed Native Plant Communities and natural vegetation in riparian
areas a high priority during development.
• Support alternative design standards that protect the LGU’s identified PCAs, such as
conservation design, transfer of development density, or other zoning and site design
techniques that achieve better protections or restoration of primary conservation areas.
• Make permanent protection measures (such as public acquisition, conservation easement,
deed restrictions, etc.) that protect PCAs a high priority.
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IMPLEMENTATION ACTIONS
• Ensure that information on the location of PCAs is readily available to property owners to
understand how PCA-relevant ordinance requirements, such as vegetation management and
land alteration permits, apply to their property for project planning and permitting.
• Establish procedures and criteria for processing applications with potential impacts to PCAs,
including:
O Identifying the information that must be submitted and how it will be evaluated,
O Determining appropriate mitigation procedures/methods for variances and CUPs,
O Establishing evaluation criteria for protecting PCAs when a development site
contains multiple types of PCAs and the total area of PCAs exceed the required set
aside percentages.
O Developing administrative procedures for integrating DNR and local permitting of
riprap, walls and other hard armoring.
PUBLIC RIVER CORRIDOR VIEWS
GENERAL OVERVIEW
The Mississippi River corridor contains some of the most iconic and cherished scenic vistas in
Minnesota and is one of the reasons the corridor was designated a critical area. Public river corridor
views (PRCVs) are views toward the river from public places such as parkland, historic properties,
and public overlooks. PRCVs also include views toward bluffs from the ordinary high water level of
the opposite shore, as seen during summer months.
The City has very few opportunities to view the river from public places. There is quite a distance to
the river from public rights of way, and much of the land along the river is privately held.
Additionally, public views of the bluffs from the opposite shore are obstructed by Grey Cloud
Island. The City has identified a significant public view from a site in the western portion of Spring
Lake Park Reserve. This PRCV
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is illustrated in the following photos and map.
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Figure X
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POLICIES
• Protect and minimize impacts to PRCVs from public and private development activities.
• Protect and minimize impacts to PRCVs from public and private vegetation management
activities.
• Protect PRCVs located within the community and identified by other communities (adjacent
or across the river).
IMPLEMENTATION ACTIONS
• Ensure that information on the location of PRCVs is readily available to property owners to
understand how PRCV-relevant ordinance requirements, such as vegetation management
and land alteration permits, apply to their property for project planning and permitting.
• Establish procedures for processing applications with potential impacts to PRCVs,
including:…
o identifying the information that must be submitted and how it will be evaluated, …
o developing visual analysis approach for CUPs for additional height in the RTC and
UM districts (if applicable), as well as for proposed PUDs and variances, and
o determining appropriate mitigation procedures/methods for variances and CUPs.
• Actively communicate with other communities to protect views other communities have
identified in your community that are valuable, and vice versa.
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RESTORATION PRIORITIES
Restoration measures are often needed to maintain resource integrity and water quality.
Development and redevelopment activities represent opportunities to restore natural vegetation,
prevent erosion and stabilize slopes. Most of the areas identified as vegetation restoration priorities
are related to existing industrial uses and ponding within those sites. Banks and slopes are generally
stable and in a natural state, so erosion has not been an issue within the MRCCA.
RESTORATION POLICIES
• Protect native and existing vegetation during the development process, and require
restoration if any is removed by development. Priorities for restoration shall include
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stabilization of erodible soils, riparian buffers and bluffs or steep slopes visible from the
river.
• Seek opportunities to restore vegetation to protect and enhance PRCVs identified in this
plan.
• Seek opportunities to restore vegetation in restoration priority areas identified in this plan
through the CUP, variance, vegetation permit and subdivision/PUD processes.
• Sustain and enhance ecological functions (habitat value) during vegetation restorations.
• Evaluate proposed development sites for erosion prevention and bank and slope
stabilization issues and require restoration as part of the development process.
MRCCA USES
SURFACE WATER USES
Much of the surface water uses in the community involve barge traffic on the main channel and, to a
lesser degree, recreational boating. Spring Lake comprises a large percentage of the surface water
within the MRCCA boundaries in Rosemount, and it is within this area that much of the fishing and
waterfowl hunting take place. Because so much of the surface water within the City consists of
backwaters, few conflicts exist among the different uses.
WATER-ORIENTED USES
With the exception of some agriculture and residential uses, the land uses within the MRCCA are
industrial in nature. Both Flint Hills Resources and CF Industries include water-oriented uses in the
form of barge terminals. These uses are important for the transportation of goods and materials to
and from their associated facilities. Barge transport reduces the demands on roadways for the
purposes of shipping. For the purposes of implementation, these uses will be provided for in the
City ordinance.
Policies for the Management of Water-oriented Uses
• Acknowledge existing and future water-oriented uses and provide for their protection.
• Minimize potential conflict of water-oriented uses with other land uses.
OPEN SPACE AND RECREATIONAL FACILITIES
The Mississippi River is a tremendous resource that is underutilized for its recreational, scenic and
environmental values. In addition to the county’s ongoing improvements at Spring Lake Park
Reserve, the city supports additional trails connecting various points of interest.
Open spaces that are designated as permanent by some public or private action are encouraged by
the city. Although no active plan or program is in place at the city for acquisition, opportunities will
be evaluated in the future. Cooperation with existing property owners is key to achieve more
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common open spaces in the Corridor. Critical Area open space guidelines are addressed in the city’s
park plan(s).
Policies
• Encourage creation, connection, and maintenance of open space, recreational facilities,
including public access to the river;
• Require land dedication to be located in the Mississippi River Corridor when a park
dedication is required of development within the Mississippi River Corridor. If a developer
provides cash in lieu of land, it should be used by the City to purchase open space or other
public services that enhance the use or enjoyment of the Mississippi River Corridor;
• Increase opportunities for Rosemount residents and others to use the Mississippi River
Corridor as a recreational, cultural and historic resource;
• Promote the use and enjoyment of Spring Lake Park for active and passive recreational uses;
• Cooperate with adjacent communities, Dakota County, MnDOT and other jurisdictions to
develop a park and trail system better connecting Rosemount to adjoining communities and
other points of interest;
TRANSPORTATION AND PUBLIC UTILITIES
The proposed transportation and utility systems do not significantly differ from existing conditions.
The City currently has not major infrastructure improvements planned for the MRCCA.
Recreational facilities such as trails are discussed in the recreation element of the Land Use section.
Roadways
Three public roadways are located in the Critical Area: State Trunk Highway 55, Pine Bend Trail,
and Fahey Avenue. Highway 55 is heavily utilized by commercial and passenger traffic and serves as
a major route between the Twin Cities and Hastings. Pine Bend Trail and Fahey Avenue serve local
needs.
Within the City of Rosemount, Highway 55 is also part of The Great River Road - a national scenic
and recreational highway that is being designated from the headwaters of the Mississippi River at
Lake Itasca to the Gulf of Mexico.
No short-term changes from the existing conditions are planned. A realignment of County Road 42
with State Highway 55 is identified in a draft County Highway 42 Corridor Study. If implemented,
Highway 55 may be turned back to the City or County with a possible north/south realignment in
the Critical Corridor as a frontage road directly east of Highway 52 (See Figure 3.8-F). Private
roadways are permitted within the industrial area for service and emergency access, and materials
transport. These will be constructed on an as-needed basis, subject to City Ordinances.
Railways
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United Pacific (UP) Railroad operates a long spur extending south from Inver Grove Heights to
various industrial users, all of which are operated on an irregular schedule. No major changes are
anticipated to the rail system.
Critical Area Transportation and Utility Policies
• Minimize impacts to PCAs and PRCVs from solar and wind generation facilities, public
transportation facilities and public utilities.
• Route new utility crossings along existing utility corridors;
• Place new and existing utilities underground whenever possible;
• Locate future utility transmission lines within existing right-of-way;
• Continue to support the utilization of the river for commercial and recreational needs;
• Work with the U.S. Army Corps of Engineers, DNR and other agencies to accommodate
barge traffic and minimize conflict between commercial and recreational uses; and
• Site, design, and construct future roadways, railways, utilities and other improvements that
are consistent with the City’s Critical Area plan and ordinances, provide safe pedestrian
crossings, enable reasonable use of land between the river and the transportation facility, and
do not stimulate incompatible development.
KEY ISSUES AND OPPORTUNITIES
POLICIES
In addition to policies found throughout this section, the following policies shall also guide land use
decisions and water management practices within the Mississippi River Critical Corridor Area:
1. Provide for the continued economic use and development of the Mississippi River Corridor
where appropriate within the Urban Diversified District in a manner that will not
prematurely require urban services, and will be consistent with resource protection and open
space policies of this plan;
2. Work with owners to minimize the negative impact of existing uses and structures on the
Critical Area;
3. Cooperate with the City of Inver Grove Heights, City of Hastings, Nininger Township,
Ravenna Township, and State Historic Preservation Office to identify, preserve, enhance
and promote significant historical and cultural sites within the Mississippi River Corridor;
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4. Increase opportunities for Rosemount residents and others to use the Mississippi River
Corridor as a recreational, cultural and historic resource;
5. Cooperate with adjacent communities, Dakota County, MnDOT and other jurisdictions to
develop a park and trail system better connecting Rosemount to adjoining communities and
other points of interest;
6. Enforce the adopted minimum development standards as part of the Mississippi River
Corridor District to minimize site disturbance and regulate the maximum amount of
impervious surface allowed on each lot, setback from bluffline, placement of roads and
parking areas, alteration of natural slopes, buffering and screening, and enforcement
procedures;
7. Minimize the impact on wildlife, vegetation, beaches and riverbanks of barge terminals,
pipes, conveyors, and other physical barriers and improvements that connect barges to
upland buildings;
8. Enforce the Water Resources Management Ordinance and Shoreland Management
Ordinance to ensure that the river, wetlands, ponding areas, and natural drainage courses are
managed, protected and restored;
9. Support Dakota County in efforts to protect natural resources, such as wildlife, plants, water
quality and floodplain areas of Spring Lake Park;
10. Reduce the use of chemicals for fertilizer and pest control in agricultural and residential areas
and on public lands, which would support sustainable land treatment activities and integrated
pest management practices.
IMPLEMENTATION ACTIONS
Ordinance Updates
MRCCA Ordinance Administration
Education and Outreach
Capital Improvements
Land Acquisition
Specific Planning Efforts, Projects, and Other Initiatives