Agenda - Council - 08/24/2010 - Laserfiche WebLink

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Case # - OV CONSIDER RESPONSE TO FIRST DRAFT' OF TBE MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) RULES By: Tim Gladhill, Associate Planner Background: The 2009, Minnesota Legislature directed the DNR to establish rules for (Laws 2009, Chapter 172, Article 2, Section 5(c) and Section 27) for the Mississippi River Corridor Critical Area (MRCCA). The Legislation revised portions of Chapter 116G, and specified that rulemaking must commence by January 15, 2010 and include 30 day advance notification to local government units (counties, cities, townships, etc.) within the MRCCA. A Staff Report for the MRCCA rulemaking that was reviewed by the Planning Commission is included as background. Observations: The attached report was originally developed as response to the initial draft land use districts that will determine the regulations that will affect the City and other communities within the MRCCA. Overall, Staff sees the benefit of the tiered approach that is being proposed and that this proposal attempts to protect the resources this corridor provides, focusing on those areas closest to the river. Since drafting of this report, initial regulations based on these draft land use districts have been developed and Staff continues to review the effect of these districts at this time. Staff participated in a recent working group with the Minnesota DNR and National Parks Service (NPS). NPS drafted the proposed land use districts on behalf of the DNR. At this point, a majority of riparian lots are proposed as CA -2, which includes rural densities and minimum lot sizes of two (2) acres, unless conservation subdivisions are used. Staff also recommends using land use district CA -3 throughout for all riparian lots to better reflect the City's Comprehensive Plan, rather than district CA -2. This request was made clear at the most recent MRCCA Working Group. Finally, Staff has concerns regarding the City's situation of being in both the MRCCA and the Wild and Scenic Overlay District. Regardless of the outcome of this process, the City must still adhere to Wild and Scenic regulations along the Mississippi River as well. Participants from the Cities of Ramsey and Dayton continue to maintain throughout this process that each community should be in only one of these two overlay districts, not both. This has complications in reviewing regulations and administration within these districts. DNR Staff has stated that they understand this predicament and suggest that the City provide formal comment to this effect during the public hearing for the Shoreland Rules Update for an exemption to the Wild and Scenic Overlay as the area is sufficiently protected under MRCCA. Staff recommends that the City comment on the proposed Shoreland/Wild and Scenic rules for an exemption by virtue of MRCCA rules overlap. Funding: Drafting and processing the ordinance is covered under regular City Staff time. Recommendation: The report was reviewed by the Planning Commission at their August 5h Regular Meeting. Although no formal motion was made, consensus was in favor of the Staff recommendations. Staff has formalized these recommendations into resolution format and recommends that the City Council adopt the resolution related to MRCCA Rulemaking process.