Agenda - Environmental Policy Board - 08/04/2014

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Topics to address The following is a summary of topics that were brought forward by our residents. The City desires to address these topics through a revision to the existing Draft Standards. The City has also included a detailed document that was prepared by participants of the September 16, 2013 public process. These comments are intentionally unedited, and attached to this memo as Exhibit 8. A summary of the comments is listed below. 1. Protection for lawful, non - conforming uses and structures 2. Additional local control provided in decision - making process 3. Flexibility in vegetation management 4. Support Draft Standards by providing technical analysis for need 5. Provide examples of current issues 6. Discuss relationship and separation between the Mississippi National River & Recreation Area (MNRRA) and Mississippi River Trail (MRT) Additionally, the City notes issues that we have raised with our current ordinance, much of which can now be addressed now that the City has been exempted from the Wild and Scenic designation on the Mississippi River. However, the City does see an opportunity to amend the existing land use classifications to better match existing development patterns and future land uses within the Comprehensive Plan. This would have the effect of reducing the number of existing non - conforming structures under our current ordinance. Non - conforming participants /respondents. structures and uses was identified Recommendations The City has a number of recommendations to improve the draft rules based on stakeholder feedback. 1. Protection for lawful, non - conforming uses and structures A primary concern of our residents is the potential creation of lawful, non - conforming structures. Although the impact may be minor in Ramsey, the current draft rules do create the potential for the creation of non - conforming structures, most notably the bluff setback standard that differs from the standard currently in Ramsey's ordinance. The City of Ramsey does acknowledge the lawful, non- conforming protections under Minnesota Statutes Chapter 462.357. First, Ramsey will need to spend some time with updated draft standards (pending) to better understand the impacts to existing owners. We hope to consider to work with the DNR to identify appropriate standards to limit the creation of non - conforming uses. Additionally, the City would like to explore the ability to strengthen existing lawful, non - conforming protections through the rulemaking process or the City's general ordinances. Any support that the DNR could provide would be appreciated. We would appreciated clarification how the shoreland sub - section of Minnesota Statutes 462.357 would apply to these standards and whether or not we would be permitted to provide additional flexibility and timelines to lawful, non - conforming uses above Minnesota Statute Chapter 462.357. 2. Additional local control provided in decision - making process The City of Ramsey acknowledges that the draft rules do correct documented concerns we have had with our existing ordinance in the past. However, the City of Ramsey also acknowledges concerns raised by our partners and peer communities within the corridor. If updated rules are to be adopted, we would want to DRAFT Statement of Policy — Mississippi River Corridor Critical Area (10/29/13) as a key concern by