Agenda - Council - 08/11/2014 - Laserfiche WebLink

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Notification: Notification is not required at this stage. However, the DNR held three (3) open houses throughout July to review the current draft rules. Additionally, the City has been maintaining an email list of stakeholders interested in updates and offered multiple opportunities to meet with Staff prior to Planning Commission. Public Hearings and Notifications shall be required at the time the City will be required to amend City Code to comply with the new corridor rules. Observations/Alternatives: In 2013, the Minnesota Legislature authorized the Minnesota Department of Natural Resources (DNR) to commence rulemaking related to the Mississippi River Corridor Critical Area (MRCCA). The intent is to update existing regulations found in Minnesota Statute Chapter 116G. The Critical Area extends from Ramsey's western border south down to Hastings, stretching nearly seventy-two (72) miles and encompasses approximately thirty (30) governmental subdivisions across the metro area. It is noted that these regulations presently exist. The rulemaking process proposes to update these existing rules. The Critical Area is an overlay district that establishes minimum development standards intended to provide protections for the Mississippi River including, but not limited to, stormwater management, bluff stabilization, and protection of scenic qualities. Minnesota Statute Chapter 116G establishes the district and requires that local government units with land use and zoning authority adopt ordinances in substantial compliance with the Statute. The local ordinance must be approved by the DNR. The local unit of government is responsible for administration and enforcement. The City adopted its original ordinance in circa -mid 1980s. A majority of Ramsey is currently classified as 'Rural Open Space' under existing rules. There are a number of existing lots and future development scenarios under the City's Comprehensive Plan that conflict with this designation. The rulemaking project originally commenced in 2009. However, the legislative timeframe expired, and updated rules were never adopted. The 2013 Legislature revised the original scope for rulemaking and authorized a new rulemaking project. One potential positive outcome is to establish land use districts that are more compatible with existing development and planned future development under the Comprehensive Plan. However, there is an opportunity that additional lawful, non -conforming structures are created due to revised rules such as setbacks. Staff has requested a response from the DNR outlining the parameters in which the City could amend its existing ordinance without the need for amended rules through this rulemaking process. Staff will provide an update when available. In the past, the City has had difficulty amending its existing ordinance, with the DNR citing lack of Statutory direction of how to process an ordinance amendment. General topics raised by Ramsey residents through a series of citizen engagement opportunities include 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 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. Attached as background purposes are several documents for review. Please note that previous comments sent prior