12-3-11: SUBDIVISION AND LAND DEVELOPMENT STANDARDS:
   A.   Purpose.
      1.   To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment of the remaining large sites within the corridor;
      2.   To establish standards for protecting and restoring biological and ecological functions of primary conservation areas on large sites; and
      3.   To encourage restoration of native vegetation during development or redevelopment of large sites where restoration opportunities have been identified in MRCCA plans.
   B.   Applicability.
      1.   The design standards in this section apply to subdivisions, planned unit developments, and master-planned development and redevelopment of land involving ten (10) or more acres for contiguous parcels that abut the Mississippi River and twenty (20) or more acres for all other parcels, including smaller individual sites within the following developments that are part of a common plan of development that may be constructed at different times:
         a.   Subdivisions;
         b.   Planned unit developments; and
         c.   Master-planned development and redevelopment of land.
      2.   The following activities are exempt from the requirements of this section.
         a.   Minor subdivisions consisting of two (2) or fewer lots;
         b.   Minor boundary line corrections;
         c.   Resolutions of encroachments;
         d.   Additions to existing lots of record;
         e.   Placement of essential services; and
         f.   Activities involving river-dependent commercial and industrial uses.
      3.   Application materials. Project information listed in Section 12-3-12 must be submitted for all proposed developments.
      4.   Design standards.
         a.   Primary conservation areas, where they exist, must be set aside and designated as protected open space in quantities meeting the following as a percentage of total parcel area:
            (1)   ROS District: Fifty percent (50%)
            (2)   RN District: Twenty percent (20%): and
            (3)   SR District: Ten percent (10%) 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 amounts specified in Section 12-3-11.B.4.(a), then protection of native plant communities and natural vegetation in riparian areas shall be prioritized.
         c.   If primary conservation areas exist but do not have natural vegetation (identified as restoration priorities in the MRCCA Plan), then a vegetation assessment must be completed to evaluate the unvegetated primary conservation areas and determine whether vegetation restoration is needed. If restoration is needed, vegetation must be restored according to Section 12-3-9.F.
         d.   If primary conservation areas do not exist on the parcel and portions of the parcel have been identified in the MRCCA Plan as a restoration area, vegetation must be restored in the identified areas according to Section 12-3-9.F, and the area must be set aside and designated as protected open space.
         e.   Storm water treatment areas or other green infrastructure may be used to meet the protected open space requirements if the vegetation provides biological and ecological functions.
         f.   Transfer of development rights or the dedication of steep slopes, drainageways and wetlands as allowed under Section 11-1-8, or the dedication of land for public uses, including (but not limited to) public river access, parks, other open spaces or public facilities, and as allowed under Section 11-5-1 of the Mendota Heights City Code, may be counted toward the protected open space requirement.
         g.   Protected open space areas must connect open space, natural areas, and recreational areas, where present on adjacent parcels, as much as possible to form an interconnected network.
      5.   Permanent protection of designated open space
         a.   Designated open space areas must be protected through one or more of the following methods:
            (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.
         b.   Permanent protection methods must ensure the long-term management of vegetation to meet its biological and ecological functions, prohibit structures, and prohibit land alteration, except as needed to provide public recreational facilities and access to the river.
      6.   Alternative design standards. The City will consider the following alternative design option to increase the permanent protection of Primary Conservation Areas (PCAs) in subdivisions and other new developments in the MRCCA District and encourage restoration of native vegetation communities:
         a.   The City will grant density bonuses to increase the permanent protection of PCAs and/or native plant communities up to twenty percent (20%) of the parcel area in the RN and SR Districts, provided the protection and restoration of the entire development site is consistent with the requirements of this section;
         b.   The City may approve density bonuses for a subdivision when the proposed subdivision meets the objectives and requirements of this chapter to protect and preserve bluffs, steep slopes, native vegetation, natural resources, views of the bluffs area, and open space; and
         c.   The City shall determine the amount and location of the density bonus permitted for each subdivision based on site conditions, zoning district regulations, and potential impacts to the site and surrounding areas.
         d.   Alterative design standards may be considered through a planned unit development or cluster development. Individual lots in a planned unit development or cluster development may not be required to meet the design standards of this section if it can be demonstrated that the overall development is compliant with the standards and purpose of this section.