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<br />CASE # 3 <br /> <br />ADOPT ORDINANCE TO REPEAL CITY CODE <br />SECTION 9.26 ENTITLED WETLAND PROTECTION; <br />CASE OF CITY OF RAMSEY <br />By: Chris Anderson, ,Environmental Coordinator <br /> <br />Background: <br /> <br />On October 11,2005, City Council adopted the Wetland Protection ordinance, which went into <br />effect on November 14, 2005. Since the adoption of this ordinance, there have not been any <br />residential development proposals subject to these provisions. There have been several <br />commercial projects approved, but none on lands containing wetlands that Staff could use to <br />review and determine the effectiveness of the ordinance. <br /> <br />City Council discussed the Wetland Protection Ordinance at their February 24, 2009 meeting and <br />directed the City Attorney.to research case law on this matter, which is attached, and directed <br />Staff to schedule a public hearing to consider repealing the ordinance. On April 2, 2009,. the <br />Planning Commission conducted a public hearing and received both written and verbal <br />comments. On April 14, 2009 the City Council introduced an ordinance to repeal City Code <br />Section 9.26 (Wetland Protection). <br /> <br />Notification: <br /> <br />In accordance with State Statute and City Code, the public hearing notice for the proposed <br />ordinance was advertised in the City's offi~ial newspa~er. <br /> <br />Observations: <br /> <br />. There are two (2) developments, Sweet Bay Ridge and Estates of Silver Oaks, which voluntarily <br />implemented wetland buffers through the development process. Should the Wetland Protection <br />Ordinance be repealed, Staff will, unless directed otherwise by City Council, send a notice to <br />each property owner to inform them that the provisions of the Wetland Protection. Ordinance <br />have been repealed and that they are no longer obligated to adhere to those regulations, but may <br />continue to honor the buffer area if they choose; <br /> <br />Recommendation: <br /> <br />The Planning Commission recOl:runended that the City Council not repeal the Wetland Protection <br />Ordinance. However, the Planning Commission did recommend that City Council initiate a <br />collaborative process involving citizens of the community and board and commission members <br />astheCouncii deemed appropriate, to reexamine the ordinance and look for opportunities to <br />modify the ordinance in such a way that it doesn't fail in its essential purpose yet enhances <br />flexibility to land owners and the City to use the Wetland, Protection Ordinance as a land <br />management tool. <br /> <br />-137- <br />