Agenda - Planning Commission - 02/02/2017

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undertaken according to an implementation adoption schedule developed by the DNR in consultation with the Metropolitan Council. The provisions proposed under this subpart address the adoption schedule, program implementation prior to plan and ordinance adoption, and the impact of the adoption schedule on pending development projects: • Adoption schedule. The DNR will, in consultation with the Metropolitan Council, develop an adoption schedule for the development and adoption of plans and ordinances under the MRCCA rules by local governments. The schedule shall align "as closely as possible," with the local governments' comprehensive plan update schedule set forth in Minn. Stat. § 473.858 (2015). The DNR will notify local governments of the schedule for updating their MRCCA plans and ordinances. Consultation with the Metropolitan Council is necessary to ensure that the schedule is workable for all parties and aligns with Metropolitan Council planning requirements. The flow of plans and ordinances needs to be staggered so that both the DNR and the Metropolitan Council are able to provide a timely and thorough review of local plans and ordinances. • Program implementation prior to plan and ordinance adoption. To ensure seamless regulatory coverage prior to plan and ordinance adoption, existing plans and ordinances will remain in effect until new ones are adopted. Those local governments that have not previously adopted ordinances under Executive Order 79-19 must comply with the requirements of the newly adopted MRCCA rules until the local government adopts plans and ordinances consistent with the MRCCA rules and approved by the DNR. This latter requirement affects three communities within the MRCCA, all of which are currently subject to the Interim Development Regulations in Executive Order 79-19. Since these rules replace the Interim Development Regulations in Executive Order 79-19, it is reasonable to apply the standards in these rules rather than in Executive Order 79-19. • Impact of the adoption schedule on pending development. It is not the intent of the MRCCA rules to halt development within the MRCCA pending the adoption of revised plans and ordinances. Development projects that conform to a local government's existing plans and ordinances for the MRCCA and that were authorized under those plans and ordinances can continue, as provided in Minn. Stat. § 116G.13 (2015). This is a standard land use practice and is necessary to provide developers with certainty during the MRCCA program implementation phase, and also to limit exposure to takings claims. Subpart 3. Plan and ordinance review. The procedures for the preparation, review, approval, and adoption of plans and ordinances are set out in this subpart. With the exception of minor modifications to address legislative changes made since establishment of the MRCCA, these procedures are largely unchanged from those in statute, EQB rules, and Executive Order 79-19. • Plan and ordinances adoption, review, and approval. The requirements for plan and ordinance adoption, review, and approval align with the general critical area plan and ordinance review process in Minn. Stat. §§ 116G.04— 116G.10 (2015) and adopted by the EQB in Minn. R. 4410.9000 through 4410.9400 (2015). As requested by local governments, this subpart does, however, provide greater detail and clarification of the process. Once notified by the DNR under 38