Agenda - Planning Commission - 02/02/2017

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• CA-UC: The urban cores of both Minneapolis and St. Paul are highly developed, with redevelopment planned in the future. In the "urban core" district that applies to these areas, height is governed by underlying zoning standards, with consideration given to building placement to minimize visual impacts of new development. Measurement methods. To assure consistency across the MRCCA, this subpart establishes a protocol for measuring structure heights across the MRCCA. Height is measured relative to the Mississippi River. Since managing the impact of development on river views is a high priority for the MRCCA program, structure height is measured from the side of the structure facing the river. Exempt structures. The DNR is allowed by statute to provide exceptions to guidelines and standards governing individual districts. Minn. Stat. § 116G.15, subd. 4 (2015). Subpart 2 recognizes the need to exempt certain properties from the height requirements for individual districts. Part 6106.0180 of the proposed MRCCA rules lists the types of structures that would be exempt from the height requirements of this subpart. These exemptions are based on exceptions that already exist in local MRCCA ordinances, and on stakeholder input during the rulemaking process. Conditional use permit criteria. A conditional use permit is a discretionary permit granted by a zoning authority that allows certain uses in a particular zoning district only as permitted by the zoning authority and with specified conditions. In two of the districts (CA -RTC and CA -UM) structures with heights exceeding the building height requirements of the district may be allowed by conditional use permit. This subpart sets out the criteria that should be used by local governments when determining whether to grant a conditional use permit allowing deviation from these height requirements. The criteria are designed to assure that the visual impact of buildings that are proposed to exceed the height limits are minimized to the greatest extent possible, and provide examples of techniques that can be used to minimize the visual impacts of the proposed buildings. These provisions are designed to inform and guide local governments in their consideration of conditional use applications. Subpart 3. Location of structures. Structure setbacks from the river and from bluffs are essential to protect the natural resource values of primary conservation areas and to protect public safety across the MRCCA. The proposed setback requirements will result in minimal changes to zoning requirements already in place in local MRCCA ordinances. Specific setback requirements imposed by the rule include: OHWL setbacks and the shore impact zone. A near shore area is a sensitive and complex natural system that sustains fish and wildlife and protects the water body from erosion and non -point pollution. This subpart establishes setback requirements from the Ordinary High Water Level (OHWL) and prohibits structures and impervious surfaces in the particularly sensitive shore impact zone (the area located halfway between the OHWL and required OHWL setback as defined in proposed Minn. R. 6106.0050, subp. 68) to protect these vital resources. Setbacks from the OHWL were originally set out in Executive Order 79-19. These setbacks were the subject of much discussion and concern during the rulemaking process. One of the primary concerns was the possible creation of nonconforming structures. The DNR evaluated a variety of potential setback standards, including the Interim Development Regulations in Executive Order 79- 47