Agenda - Council - 10/26/2010 - Laserfiche WebLink

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Case # 9.07 CONSIDER SUPPORTING RESPONSE FROM THE CITY OF SAINT PAUL AND CURRENT ISSUES IN REGARD TO THE 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(e) 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. Observations: Many surrounding agencies have joined with the City of Saint Paul to issue a Joint Statement responding to the draft rules for the update of the MRCCA. Metro Cities, an association that follows legislative issues pertaining to municipalities within the Metropolitan Council jurisdiction, has requested that communities affected by the current rules update to the MRCCA pass resolutions of support of this joint statement. Funding: Drafting and processing the ordinance is covered under regular City Staff time. Recommendation: Staff would also like to take this opportunity to clarify select issues with the current ordinance that exists. The first issue is in regard to which regulations legally apply to this area (MRCCA and Wild /Scenic Rivers). The second is in regard to an ordinance standard that states a vacant parcel must be held in separate ownership from abutting lots to be considered a buildable lot. City Code Section 117 -145 (1) states that the MRCCA rules shall apply to those areas legally described by Minnesota State Executive Order No. 7919, and clearly only would apply to certain areas along the Mississippi River. City Code Sec. 117 -253 (a) states that the provisions of this subdivision shall apply within the designated Scenic River Land Use District of the Rum River in accordance with the property descriptions contained in MN Rules pt. 6105.1400. City Code Sec. 117 -254 (b) states that the Scenic River Land Use District shall be shown on the official zoning map, as shall the urban and rural area portions of the district contained therein. The plain language of these sections of City Code seem to indicate that the Wild and Scenic Overlay only applies to certain properties along the Rum River. The Minnesota DNR has consistently held that the Wild and Scenic Overlay also applies to the Mississippi River, creating multiple overlays and overlap of regulations. Ramsey City Code does not currently reflect this. City Code Sec. 117 -148 (b) (3) states that lots of record in the office of the county register of deeds (or registrar of titles) prior to the date of enactment of the ordinance from which this subdivision is derived, which do not meet the requirements of section 117 -148 (a) may be allowed building sites provided that the lot is in separate ownership of abutting lands. The DNR has responded that this is to be interpreted as to mean that the lot must be in separate ownership at the time of sale or development. City Staff and the City Attorney interpret this standard as meaning the lot needed to be held in separate ownership at the time the ordinance became effective (circa August, 1985). A copy of the DNR response is attached for your review.