Agenda - Planning Commission - 02/02/2017

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estimated costs of complying with the proposed MRCCA rule do not exceed $25,000. Grey Cloud Island Township estimates that its costs will exceed the $25,000 limit. Neither Nininger nor Ravenna townships provided cost estimates; however, the DNR does not anticipate that the costs of these townships to implement the rules will exceed $25,000. Based on a comparison of existing to proposed zoning provisions such as height and setbacks in both townships, it appears that although the proposed MRCCA rules will add one new district in Nininger Township and two new districts in Ravenna Township, the proposed standards in those districts will not result in much change from current standards since the new proposed districts match current standards or refer to underlying zoning. Because local governments will not be revising their local plans and ordinances one year after adoption of these rules, the proposed rules will not impact businesses within the MRCCA until, at the earliest, the second year after adoption of these rules. Therefore, Minn. Stat. § 14.127, subd. 1 is not applicable to the MRCAA rules as it pertains to small businesses. Notwithstanding the fact that the proposed MRCCA rules will not impact small businesses in the first year after the rules become effective, the DNR considered ways to minimize impacts to small businesses. Small businesses in the MRCCA are currently subject to local MRCCA plans and ordinances under Executive Order 79-19. In undertaking this analysis, the DNR used as a baseline those local plans and ordinances currently in effect within the MRCCA. While there is some variability among MRCCA communities, most ordinances include setbacks from shoreline and blufflines, and restrictions on placement of structures on bluffs consistent with the guidelines in Executive Order 79-19. Small businesses are already subject to zoning restrictions within the MRCCA, thus the proposed rules will not significantly change the regulations faced by small businesses, in most instances. The DNR considered the following factors to minimize the impacts of the proposed rules on small businesses and other landowners within the MRCCA: • MRCCA districts are designed to recognize current and planned land uses. Districts such as the Urban Mixed (CA -UM), Urban Core (CA-UC), and the River Towns and Crossings (CA -RTC) districts are designed to provide flexibility in height and structure placement in highly developed, redeveloping, or transitional areas where most commercial and industrial uses are located. Proposed Minn. R. 6106.0100. • The proposed rules include numerous exemptions from height and setback requirements for river -dependent uses, including businesses such as marinas and barge operations. Proposed Minn. R. 6106.0110, subp. 6 and 6106.0180. • At the request of business interests, the proposed rules allow for the maintenance and repair of existing buildings in the bluff impact zone. Proposed Minn. R. 6106.0160, subp. 3.A.(3) • Limitations on development and expansion in the bluff impact zone will provide increased protection for businesses with structures close to the bluffline against slope failure, a demonstrated hazard within the MRCCA, as discussed below under "Bluff Protection Standards." Proposed Minn. R. 6106.0120, subp. 3. These protections will result in a decrease in property damage and may result in a decrease in insurance premiums. Finally, small businesses already in existence would not be subject to additional restrictions, except in cases where these businesses choose to expand or redevelop. In cases where these businesses include 20