Agenda - Planning Commission - 02/02/2017

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districts, and minimum standards and criteria. Because existing MRCCA ordinances, as well as shoreland and floodplain ordinances, are generally treated by local governments within the MRCCA as overlay districts, this subpart requires that updated MRCCA ordinances also be structured as overlay districts. The MRCCA ordinance adopted by the local units of government must reference any underlying zoning standards that govern development in a MRCCA district, such as building height. Subpart 6. Flexibility requests for ordinances. A number of commenters and interest groups requested that the proposed rules include detailed criteria that would allow local governments, under special circumstances, to adopt standards that meet the intent or purpose of the proposed MRCCA rules but that are not necessarily "consistent" with the proposed MRCCA rules as defined in proposed Minn. R. 6106.0060, subp. 3. This so called flexibility provision is based on the flexibility process used effectively for many years in the state shoreland rules. This subpart sets out the special circumstances in which the flexibility provision may be used, lays out the process that a local government must follow to obtain flexibility, and establishes criteria that the DNR will use to evaluate the request. Subpart 7. Plans and projects for parks and other public lands. While state and regional agencies and other governmental entities owning or managing property within the MRCCA are not required to adopt either plans or ordinances for these properties under the proposed MRCCA rules, they are required to manage their properties in accordance with the proposed rules. This subpart establishes the standards for plans and projects of state and regional agencies and other government entities. 6106.0080 Administrative Provisions for Ordinances This part consolidates the administrative provisions for local zoning ordinances to ensure their consistency with these rules. As with proposed Minn. R. 6106.0070, many of these provisions are unchanged from Executive Order 79-19, but are spelled out in greater detail in the proposed MRCCA rules. The ordinance provisions were revised to be consistent with other applicable state and federal laws such as those governing local planning set forth in Minn. Stat. Chs. 394 and 462, the Americans with Disabilities Act 42 U.S.C. §§ 12111 et seq., and the Fair Housing Act 42 U.S.C. §§ 3601 et. seq. Subpart 1. Purpose. The purpose of this part is to clearly identify the administrative provisions required to be included in local ordinances adopted pursuant to the proposed MRCCA rules. Subpart2. Variances. While the proposed MRCCA rules are designed to assure that the plans and ordinances adopted by local governments are consistent with the requirements in the rules and protect the key resources and features within the MRCCA, requests for variances from local ordinance requirements are a common component of ordinance administration. They are particularly necessary in those instances where development activities cannot be conducted without varying from state and local standards. This subpart is designed to assure that variances addressing such instances are issued in conformance with the requirements of Minn. Stat. §§ 394.27, subd. 7 and 462.357, subd. 6(2) (2015) and address through mitigation the potential impacts of a proposed variance on MRCCA key resources and features. To insure consistent protection of resources and features across the MRCCA, it is reasonable to require mitigation of impacts to these resources in those situations where a variance is granted. Thus, this subpart requires that mitigation is proportional to and bears a relationship to the impact on the affected resource where a variance is granted that adversely impacts an MRCCA resource. 40