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Home My WebLink About2024-05-20 PACKET 08.2 (Response to Inquiry)Cottage J Grove here Pride andprpSPerity Meet TO: Bonnie Matter FROM: Emily Schmitz, Community Development Director DATE: April 29, 2024 RE: Response to 4-22-2024 Planning Commission Public Hearing: Zoning Text Amendments to City Zoning Code (Title 11) Item #2. Provide name, title, and department of authorizing DNR representative who said MRCCA database update was not required. • The proposed amended code is 11-3-5 and is not an amendment to Chapter 13, Mississippi River Corridor Critical Area Overlay District. Staff submitted the proposed ordinance amendment to MN DNR Ordinance Review and the East Metro Area Hydrologist, Dan Scollan responded with the attached email. Item #3. Does the Mississippi Landing stormwater design account for the potential increase in impervious surfaces on individual lots under this ordinance change? o The enforcement regarding maximum impervious surface is a two-part enforcement. The first portion is through the base development submittal and review of the associated stormwater management plan. This plan needs to comply with the City's Surface Water Management Plan as well as other jurisdictional requirements (i.e., SWWD). The Surface Water Management Plan specifies "curve numbers" to be used in stormwater design for new development. In general, curve numbers range from 30 (grassy meadow in good soils) to 98 (fully impervious pavement) and vary from site to site based on a variety of factors. Curve numbers are used in stormwater modeling rather than percentage imperviousness due to factors affecting surface water flow such as compaction, vegetation, soil types, etc. The intent of the zoning code is then for the second part of the enforcement process for any future additions to individual lots such as patios, accessory structures, etc. for many reasons including ensuring the development stormwater design will be able to manage the additional impervious surface. Planning and Engineering staff, with collaboration with the City's Engineering Consultant team, reviewed the proposed impervious surface maximums for the zoning code to ensure they would align with the assumptions in the Surface Water Management Plan. Item #6. • What does this "clarification" mean? o Proposed code language clarifies when a site plan review process is required i.e., for all new commercial building construction on a platted lots and substantive changes to an existing site as determined by the Community Development Director. A single-family residential development requires a preliminary and final plat and not a site plan review process. Site plan review is generally used for few buildings or expansions of multi -family, commercial and industrial uses. Jennifer Levitt, City Administrator June 1, 2023 Page 2 of 2 • Does this mean developers can decide to make site plan changes without coming back to the Planning Commission for review? o The proposed language requires a site plan review process for all new construction and substantive changes to approved site plans as determined by the Community Development Director. • How will this differ from what is done today? o The proposed amended language does not change the City's process rather provides clarity when a site plan review is required. • What are the boundaries for this type of decision? o Proposed improvements that maybe permitted via an administrative review process are outlined in 11-2-4E. The proposed amended language does not change the boundaries for this type of decision. • How would this change affect the Mississippi Landing Development? o This amendment has no impact on the approvals as a site plan review is not required for the proposed project per the standards in the zoning code. • Confirm the City of Cottage Grove has and will follow 11-15-5H "Notification requirements". o The City has and will continue to follow notification requirements as outlined in 11- 13-5H for planning applications received from properties within the MRCCA. Building permits do not trigger this notification process. I[U1411T. sl • With the reduction of lot widths and increased density, what are the requirements for fire resistant barriers or walls between homes? o Five feet is the number that has been determined by the national code body that the state of Minnesota has adopted. If the distance to the property line is five feet or greater then no fire protection is required. Once the distance is less than five feet, fire resistive construction must be used such as fire walls, limited opening in the wall for windows and doors, or penetrations in the wall for vents and exhaust. In some of the homes the roof edge projects into the five-foot separation, soffit venting is not allowed in these situations and the vent is located on the lower edge of the roof behind the exterior wall. Also required is solid blocking between the roof trusses from top plate to the bottom side of the roof sheathing. Platted From: Scollan, Daniel (DNR) To: Mike Mrosla Cc: MN Ordinance Review (DNR) Subject: RE: Accessory Structures Amendment Date: Tuesday, April 16, 2024 1:59:22 PM Attachments: imaae006.Dna imaae007.Dna imaae008.Dna imaae009.Dna imaae010.Dna imaae002.Dna EXTERNAL EMAIL WARNING: This email originated from an outside organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Mike, Thanks for consulting with me on the proposed zoning code amendment. Since the proposed amendment addresses a general zoning provision (detached garage location), and would not affect the standards of the Mississippi River Corridor Critical Area (MRCCA) overlay district (such as bluff or ordinary high water level setbacks), there is no need for formal DNR review or approval of this amendment. Best Regards, Dan Scollan Fast Metro Area Hydrologist — Ramsey and Washington Counties Division of Ecological and Water Resources Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 Phone: 651-259-5732 Fax: 651-772-7977 Finail: daniel.scollan(@state.mn.us mndnr.g_ov DEPARTMENT OF NATURAL RESOURCES In From: Mike Mrosla <MMrosla@cottagegrovemn.gov> Sent: Wednesday, April 10, 2024 11:53 AM To: Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>; MN_Ordinance Review (DNR) <ordinance.review.dnr@state.mn.us> Subject: Accessory Structures Amendment This message may be from an external email source. Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations Center. Good Morning Dan, I wanted to run our proposed code amendment by you. We are working on updating our zoning code and one thing we are proposing is to allow accessory structures to be constructed in front yards of properties impacted by bluffs or the Mississippi River setbacks and located within the Mississippi River Corridor Critical Area Overlay (MRCCA). The proposed language is base off the DNR's Shoreland ordinance. Below is the proposed language and findings. 11-3-5.F.7 Detached accessory garages over 400 square feet may be located in the front yard between the dwelling and front property line on properties located adjacent to the Mississippi River or are impacted by bluffs within the Mississippi River Corridor Critical Area Overlay (MRCCA) provided all of the following are met: 1. Detached accessory garages shall meet the underlying zoning district's development standards and shall not be located within the minimum front yard setback. 2. Exterior materials including color and roof material of detached garages and accessory structures shall match or complement the existing primary residential structure and shall conform to all other requirements of the underlying zoning district. 3. No other accessory structures are permitted in the front yard. Finding: City code currently requires detached garages and accessory structures to be located behind the principal structure; however, constructing an accessory structure behind the principal structure on lots adjacent to the Mississippi River may not be achievable due to the river setback and MRCCA standards. Upon review, at least nine properties located adjacent to the Mississippi River have received approvals to construct detached accessory garages in front of the principal structure. The same is true for properties impacted by bluffs in the MRCCA. Upon review, at least six properties impacted by bluffs that have received approvals to construct detached accessory garages in front of the principal structure. Instead of going through the variance process for these multiple properties that have clear practical difficulties, staff is proposing to permit detached accessory garages over 400 square feet to be constructed in the front yard if the property is adjacent to the Mississippi River and meets all other applicable zoning standards. Properties with detached accessory garages in front of the principal structure Properties impacted by bluffs and the MRCCA bluff setback If you have any questions, please feel free to contact me. Thank you, Mike Mrosla Senior Planner City of Cottage Grove, MN Direct: 651-458-2825 1 mmrosla&cottagegrovemn.gov Original: 651-458-2800 1 www_cottagegrovemn.gov 12800 Ravine Parkway South, Cottage Grove, MN 55016 Cottage Grave JC fie Pride art 'O"s rity meet