CITY OF COON RAPIDS, MINNESOTA
CHAPTER 11-2400
MISSISSIPPI RIVER CORRIDOR CRITICAL AREA OVERLAY
DISTRICT BOUNDARIES

11-2401 Findings. The City of Coon Rapids finds that the Mississippi River Corridor is a unique and valuable local, state, regional, and national resource. The river is an essential element in local, regional, state, and national transportation, sewer and water, and recreational systems, and serves important biological and ecological functions. The prevention and mitigation of irreversible damage to this resource and the preservation and enhancement of its natural, aesthetic, cultural, and historic values is in furtherance of the health, safety, and general welfare of the City.

11-2402 Intent. The intent of this Chapter is to protect the health, safety, and public welfare through the adoption of controls that will:

(1) Promote orderly development of residential and recreational uses within the length of the Corridor located in the City.
(2) Conserve the natural and scenic beauty of the river Corridor.
(3) Conserve and develop the natural resources of the Corridor.
(4) Provide for the compatibility of different land uses and the most appropriate use of land throughout the Critical Area.

11-2403 Establishment of Critical Area Overlay District. A Critical Area Overlay District with its attendant regulations is hereby established as a part of the zoning ordinance of the City. This District shall overlay the zoning districts presently in existence, or as amended, so that any parcel of land lying in the Overlay District shall also lay in one or more of the underlying established zoning districts. Territory within the Overlay District shall be subject to the requirements established in this Ordinance as well as restrictions and the requirements established by other applicable ordinances. Within the Overlay District, all uses shall be permitted in accordance with the regulations for the underlying zoning district or districts; provided, however, that such uses shall not be entitled to or be issued the appropriate development permit until they have first satisfied the additional requirements established in this Chapter.

11-2404 Land to Which Regulations Apply.

(1) This Chapter shall apply to public and private lands within the Mississippi River Corridor Critical Area as set forth and legally described in the Metropolitan Council's “Recommendations for Critical Area Designation of the Mississippi River Corridor” (February 1975).
(2) The following regulations shall govern, but wherever there is a conflict between these regulations and other Title 11 Chapters, the more restrictive of the two shall apply.

LAND USE REGULATIONS

11-2405 Permitted Uses. The “Urban Developed District” classification for the Coon Rapids Critical Area permits and encourages residential and recreational development.

(1) Residential uses permitted by the underlying zoning district.
(2) Recreational uses including public parks, trails, and easements.

11-2406 Accessory Uses.

(1) Accessory uses permitted and regulated by the underlying zoning district;
(2) Docks and boat houses; and
(3) Retaining walls as permitted by the State Department of Natural Resources and the Army Corps of Engineers.

11-2407 Conditional Uses. Permitted subject to regulations contained in the underlying zoning district; Chapter 11-1800--General District Standards; applicable county, state, and federal regulatory controls and policies, criteria contained in Chapter 11-2408--District Standards, 11-2409--Natural Resource Management, and 11-2410--Guidelines for Review of Conditional Use Permit Applications.

(1) Transportation facilities;
(2) Utility distribution systems including water, sewer, electric (lines under 200 KV), and pipelines;
(3) Essential public services and public safety facilities; i.e., water towers, pumping stations, fire houses, and similar structures.
(4) Signs, except temporary and recreational or transportation related and regulated by 11-2100;
(5) Limited retail uses associated with recreational uses of the river corridor; and
(6) Conditional uses permitted by underlying zoning district.

11-2408 District Standards.

(1) Lot Size. Lot size shall be governed by the underlying zoning district.
(2) Structure Heights. Structure height shall be governed by the underlying zoning district.
(3) Structure Setback. In addition to setbacks detailed in the underlying zoning standards, the following shall apply:

(a) All new structures and facilities shall be placed no less than 40 feet from the top of the bluff line overlooking the Mississippi River;
(b) All new structures and facilities shall be placed no less than 100 feet from the Mississippi River’s normal high water mark as defined by the United States Department of Housing and Urban Development's Coon Rapids Flood Insurance Study dated March 15, 1977. In areas subject to flooding (identified in the study), the City floodplain ordinance Chapter 11-1900 shall apply; and
(c) Exceptions to setback requirements shall include public safety facilities, public bridges and approaches, minor public roadways serving water-related uses, public recreational facilities, scenic overlooks, regional and local trails, docks and boat launching facilities, approved river crossings of essential services, and distribution systems and historical sites designated in National and State Registers of Historical Places.

(4) Placement of Structures. No land with slopes, before alteration, in excess of 20 percent will be developed for use by any structure except for the construction of erosion control structures. Development on land with a slope, before alteration, in excess of 12 percent but less than 20 percent will be permitted, providing the applicant can ensure the project meets the following conditions:

(a) The foundation and underlying material of any structure, including roads, shall be adequate for the slope condition and soil type.
(b) The developer can demonstrate that development during and after construction can be accomplished without increasing erosion and there is a proper utilization of controls to reduce runoff to nondestructive levels.
(c) The proposed development presents no danger of falling rock, mud, uprooted trees, and other material to structures, recreational facilities, public lands, and public waters downhill.

(5) Line of Sight. Development of new expansion of existing structures shall be placed so that the development is consistent with the reasonable preservation of the view of the River Corridor from other properties on both sides of the river and by the public. The walling off of view of the River Corridor from other properties and public right-of-ways shall be minimized.

11-2409 Natural Resource Management.

(1) Grading and Filling. Grading and filling or otherwise changing the topography landward of the ordinary high water mark shall not be conducted without a permit. A permit may only be issued if the provisions of Chapter 11-2000, Mining and Land Reclamation, are complied with.
(2) Retaining Walls and Erosion Control Structures. Retaining walls and erosion control structures waterward of the normal high water mark are permitted structures if the applicable permits issued by the Army Corps of Engineers and the Minnesota Department of Natural Resources have been obtained.
(3) Vegetation Management.

(a) Clear cutting of trees on the slope or face of bluffs, within 40 feet of creeks and river banks, and within 40 feet landward of bluff lines shall not be permitted.
(b) The selective cutting of trees greater than four (4) inches in diameter may be authorized by the Zoning Administrator when cutting in appropriately spaced and staged to maintain a continuous natural cover.
(c) Existing and planned vegetation shall be considered in structure siting and design. The development of new and reconstruction of existing structures shall be accomplished so as to minimize the need for tree removal.
(d) The applicant shall demonstrate that all grading which takes place will be conducted so as to preserve root zone aeration and stability of trees and provide an adequate watering area equal to at least one-half (1/2) of each tree’s crown cover.
(e) Exceptions to the above include the removal of diseased or damaged trees and vegetation removal required for the development of permitted uses.

(4) Standards for Surface Water Management and Erosion Control.

(a) Storm water runoff may be directed into public water bodies and drainage systems, provided that it is substantially free from silt, debris, and chemical pollutants, and only at rates that will not disturb vegetation or increase turbidity;
(b) Recontouring of areas within 300 feet landward of the bluff line will only be permitted if the developer can show that care will be taken to slow the rate of storm water runoff to levels that will not cause or exacerbate erosion problems; or
(c) Structures, trails, and roads shall be sited to minimize levels of pedestrian and vehicular traffic in areas where soil compaction and loss of vegetative cover can contribute to erosion problems.

11-2410 Guidelines for Review of Conditional use Permit Applications. The Planning Commission may grant a conditional use permit if the developer can show he has addressed the following concerns:

(1) New Construction Guidelines.

(a) Primary consideration will be given to facilities within or adjacent to existing right-of-ways and locations.
(b) Structures shall be as compatible as practical with the natural area with regard to height and width, materials used, and color.
(c) Facilities shall be located so as to avoid steep slopes.

(2) Scenic intrusions into streams, valleys, and open exposures of water.
(3) Creating tunnel vistas by, for example, building deflections into utility and transportation routes.
(4) Soils susceptible to erosion which would create sedimentation and pollution problems.
(5) Areas of unstable soils which would be subject to extensive slippage.
(6) Areas with high water tables, especially if construction requires excavation.
(7) Open space recreation areas, unless no other option, excluding the destruction of residences, is possible.
(8) Transmission Services.

(a) Primary consideration shall be given to underground placement in order to minimize aesthetic, environmental, and public safety impacts. When considering overhead placement, the proposer shall explain the economic, technological, or land characteristic factors that make underground placement feasible.
(b) If overhead placement is necessary, the crossing shall be hidden from view as much as practical.
(c) As noted above, consideration shall be given to placing services on existing right-of-ways. Joint ownership of easements to facilitate this goal is encouraged. Consideration should also be given to locating new river crossings on the North Crosstown Bridge.

(9) Transportation Facilities.

(a) Careful consideration should be given to the provision of scenic overlooks for motorists and safe pedestrian and/or bicycle pathways on new or rebuilt transportation facilities.
(b) Where possible provide access to the riverfront in public ownership and allow reasonable public use of the land between the river and transportation facility. River crossings should be designed to permit the codevelopment of trail corridors both on and under the crossing.

(10) Right-of-way Maintenance.

(a) If possible, natural vegetation of value to fish or wildlife which does not pose a hazard to or restrict reasonable use of the utility, shall be allowed to grow in the right-of-way.
(b) Where vegetation has been removed, new vegetation consisting of native grasses, herbs, shrubs, and low growing trees, shall be planted and maintained on the right-of-way.
(c) Chemical control of vegetation should be avoided when practical, but where such methods are necessary, chemicals used, and the manner of their use must be in accordance with rules, regulations, and other requirements of all State and Federal agencies with authority over the use.

11-2411 Definitions. For purposes of this Chapter, the following definitions of terms shall apply:

(1) Bluff. Those steep slopes lying between the normal high water mark and the River Corridor boundary having a angle of ascent, proceeding landward from the river, of more than 12 percent from the horizontal.
(2) Bluff Line. A line delineating the top of a slope connecting the points at which the slope becomes less than 12 percent. More than one (1) bluff line may be encountered proceeding landward from the river.
(3) Clear Cutting. The indiscriminate cutting down of large numbers of trees in a given area.
(4) Critical Area. The area known as the Mississippi River Corridor Critical Area designated by the Governor in the Executive Order No. 130 dated November 1976.
(5) Development. The making of any material change in the use or appearance of any structure or land including, but not limited to, a reconstruction, alteration of the size, the land, alteration of a shore or bank of the river, stream, lake, or pond; a commencement of drilling (except to obtain soil samples), mining or excavation; demolition of a structure, clearing of land as an adjunct to construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land; and the dividing of land into three (3) or more parcels.
(6) Essential Services. Means underground or overhead gas, electrical, steam, or water distribution systems, including poles, wires, mains, drains, sewer pipes, conduits, cables, and other similar equipment and accessories in conjunction therewith.
(7) Public Safety Facilities. Hydrants, fire alarm boxes, streetlights, railway crossings signals, and similar accessories including buildings.
(8) Retaining Wall. A structure utilized to hold a slope in a position in which it would not naturally remain in.
(9) Terrace. A relatively level area bordered on one (1) or more sides by retaining walls.
(10) Utility Facility. Physical facilities of electric, telephone, telegraph, cable, television, water, sewer, solid waste, gas, and similar service operations.
(11) Wetlands. Low-lying areas which may be covered with shallow and sometimes intermittent water. They are frequently associated with a high water table. Wetlands are generally too wet for cultivation or development without artificial drainage. Swamps, bogs, marshes, potholes, wet meadows, and sloughs are wetlands.