Agenda - Planning Commission - 03/07/1995

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Environmenltal protection 9.2! Environmental protection. 9.21.01 Findings and purpose. § 9.21 SObdivision 1. Statutory Authorization: This Section is adopted pursuant to the huthorization contained in the Laws of Minnesota 1973, Chapter 379, and in furtherance of thc policies declared in Minnesota Statutes 1976, Chapters-tO4r405, 103, 115, 116 and 462. Sgbd. 2. The uncontrolled use of shorelands of the City affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the lo4al tax base. Therefore, it is in the best interest of the public health, safety and welfare to provide for the wise development of shorelands of public waters. The Legislature of Minnesota has d~egated responsibility to the municipalities of the state to regulate the subdivision, use and developr~ent of the shorelands of public waters and thus preserve and enhance the quality of surface waterS,, preserve the economic and natural environ- mental values of shorelands, and provide for the w~se utilization of waters and related land resources. This responsibility is hereby recognized by thg City. The Council of the City finds that the Mississippi River Corridor within the City is a unique and valuable local, state, regional and national resource. The river is an essential element in the local, regional, state ar~:l.~ national transportation, sewer and water and recreational systems and serves important biological and ecological functions. The prevention and mitigation of irreversible damage to this relource and the preservation and enhancement of its natural, aesthetic, cultural and historic values is ~.n furtherance of the health, safety and general welfare of the City. The Council furth~i r finds that the Critical Area District is characterized by certain soil types, slopes and water levels ~hich are unsuitable for development. The preservation of trees and woodlands, marshes, swampS, wetlands, drainage ways and water courses within the Critical Area District serves important ~ological, recreational and aesthetic functions to the benefit of existing and future residences of the ~2ity and, therefore, is in furtherance of the health, safety and general welfare of the City. In addition to th~ Shorelands and Critical Area District, the Council of the City finds that the wetlands are a vbluable local, state, regional and national resource. The wetlands provide recreation and ser~e as drainage areas, important biological and ecological functions. It is the purpose ~tnd intent of this section to prevent and mitigate irreversible damage to these natural resources ,~nd to preserve and enhance their values to the public. Development shall be so regulated so as to ~ninimize the risk of environmental damage to these areas. By doing so, private homeowners and governmental units are protected from incurring high maintenance and capital costs resulting from the necessity to correct the deficiencies encountered as a result of inappropriate or improper development. 9.21.02 Esl and private lands Shorelands shown as a part of this Se Sul River Corridor Cri No. 79-19 as recto called Critical Ri~ referenced in this ablishment of district boundaries. This section shall apply to all public within the following described districts of which the Critical Area and the on the official environmental overlay map. This overlay map is hereby adopted :tion. ~division 1. The Critical Area Overlay District. The Mississippi :ical Area as set forth and legally described in Minnesota State Executive Order led in the State Register, Monday, March 12, 1979. This district hereinafter is er Area and shall be identified on the official environmental overlay map s! :ction.