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HomeMy WebLinkAboutChapter 10 - MRCCA Section_Final MC doneRosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-1 CHAPTER 10: MISSISSIPPI RIVER CORRIDOR CRITICAL AR EA 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 1970’s, 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. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-2 Rules Update 2009 - Present 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. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-3 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.  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. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-4 DIST RICT 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. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-5 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. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-6 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. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-7 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 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). Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-8 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. 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. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-9 Cultural and Historic Properties 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. Colorado 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. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-10 IMPLEMENTATION ACTIO NS • 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 CORRIDO R 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 is illustrated in the following photos and map. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-11 Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-12 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 ACTIO NS • 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 Rosemount that are valuable, and vice versa. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-13 RESTORATION PRIORITI ES 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. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-14 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 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 RECRE ATIONAL 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. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-15 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 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 P UBLIC UTILITIES The proposed transportation and utility systems do not significantly differ from existing conditions. The City currently has no 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 travels 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. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-16 Railways 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, Minnesota 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 OPPOR TUNITIES The City of Rosemount does not anticipate extensive development taking place within the Mississippi River Corridor during the next twenty years. The biggest opportunity will be the continued collaboration with Dakota County on completing the Mississippi River Regional Trail connection between the Spring Lake Park West Trail Head and the termination of the trail 2.7 miles to the west. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-17 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; 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. Rosemount 2040 Comprehensive Plan Chapter 10 – MRCCA 10-18 IMPLEMENTATION ACTIO NS 1. Official Document Updates  Adopt the Mississippi River Corridor Critical Area Plan as an element of the Comprehensive Plan;  Amend the Critical Area Ordinance to reflect the new Mississippi River Corridor standards. 2. MRCCA Ordinance Administration  Forward all development plans requiring discretionary action (i.e. variances, conditional use permits) to the DNR prior to taking action on each application. 3. Education and Outreach  Distribute the Mississippi River Corridor Plan to other agencies and industries working in Rosemount;  Develop materials to educate and promote the economic importance, history, natural resources, and recreation opportunities in the Mississippi River Corridor. 4. Capital Improvements  Cooperate with MnDOT, Dakota County, Inver Grove Heights, and Nininger Township in the development of the identified trail connections, in the mitigation of impacts during road construction or realignment, and the consideration of pedestrian access to the river and to trails;  Incorporate local capital improvements within the Mississippi River Corridor into the City’s overall Capital Improvement Program. The Capital Improvement Program will be updated every two years in accordance with the Metropolitan Land Planning Act. After the Capital Improvement Plan is completed, it will be forwarded to the appropriate agencies with jurisdiction over the Mississippi River Corridor. Capital improvement projects shall be consistent with Critical Area standards and guidelines and the policies for river protection and enhancement that are adopted in this plan. 5. Specific Planning Efforts, Projects, and Other Initiatives  Work with the DNR, NPS and Flint Hills Resources on strategies to protect woodlands as identified on Figure 3.8-F and to provide for scenic or public access; and  Work with the Dakota County Historical Society and State Historic Preservation Office to preserve and protect historic and/or cultural resources and landscapes (similar to the Kaposia Village site in South Saint Paul) in consultation with affiliated Native American and other groups.