Agenda - Council Work Session - 10/29/2013

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concerns could or could not be mitigated moving forward. The unedited comments received from that process were forwarded to the DNR on October 11, 2013 in preparation for a Local Government Officials Meeting on October 24, 2013. NOTE: this was not an official statement of policy on behalf of the City; this was feedback available to date. The purpose of tonight's discussion is to formulate this official policy statement. The DNR will be hosting public Open Houses later this Fall/Winter, whereby the City will have a better understanding of the final draft rules anticipated to be forwarded to an official Rulemaking process. Key topics discussed at Ramsey's process included the following: • Retain ability to maintain local control over land use decisions • Retain ability to perform vegetation management • Retain ability to perform erosion control management (i.e. rip -rap at water line) • Seek funding opportunities to assist property owners with erosion control issues • Ensure that lawful, non -conforming ("grandfather") rights are maintained DNR Staff met with City Staff on Thursday, September 25, 2013. The DNR held meetings individually with each of the impacted communities. The intent of the meeting was to (as outlined by the DNR): • Meet the staff who develop plans and administer the Critical Area ordinance • Provide an overview of and answer questions about the rulemaking process • Review the district map(s) for each community • Go over the draft rules and identify opportunities to improve them • Review current Critical Area ordinances • Review the bluff maps that have been developed — these are for informational purposes only and are not part of the rulemaking At the September 25, 2013 meeting (in addition to the October 11, 2103 written response), Staff forwarded the comments received from Ramsey Residents to DNR Staff and discussed opportunities and issues Ramsey currently has with the overlay district as well as the draft rules. Metro Cities and the League of Minnesota Cities are co -sponsoring a meeting for Staff and Elected/Appointed Officials on Thursday, October 24, 2013 to update corridor communities on the progress of the rulemaking process and review updates to draft rules. In order to prepare for the October 24 meeting, the DNR called for current feedback by October 11, which Staff did respond with current materials. Due to timing, Staff was not able to schedule the Joint Meeting with Planning Commission and EPB prior to the Metro Cities/League of Minnesota Cities Meeting on October 24. Please note: the official comment period has not begun, and the City will be able to comment and respond officially. The Official Comment Period is anticipated to be open during November and December, 2013. There is the potential of lawful, non -conforming lots created with the existing rules; however, a number of existing lawful, non -conforming lots could become conforming lots with rule changes. The DNR has prepared a comparison chart, which is attached to this case. One opportunity with the current rulemaking process would be to change existing lawful, non -conforming lots to conforming lots through revised land use districts. It should be noted that a number of protections are granted to property owners that constructed structures lawfully prior to an ordinance being adopted, which are classified as lawful, non -conforming (that being that an existing structure now does not conform to a new rule that did not exist when the structure was constructed). The City derives it's powers to protect lawful, non -conforming uses and structures under Minnesota Statute 462.357. Staff is working on potential ability to further strengthen these protections based on resident feedback. Additional information on the rulemaking process can be found at www.cityoframsey.com/shoreland. Timeframe: The Official Comment Period is anticipated to open in November, 2013 and run through December, 2013. Funding Source: