Introduce Ordinance #21-02 Amending City Code Section 117-148 Entitled Mississippi River Corridor Critical Area

This is a republish of the original case from January 26, 2021. Subsequent to that review, the ordinance was reviewed at the February 16, 2021 City Council Work Session. Below are highlights (not all inclusive) of updates based on Council Comments. Minutes from previous meetings are attached for review. 

1. Definitions - Local Park Agencies. References to Minneapolis Park and Recreation Board and Three Rivers Park District (from DNR Model Ordinance) have been removed as they are outside of Ramsey's border. A reference to Anoka County Parks as implementing agency for Regional Parks in Ramsey has been added.
2. References to Vermillion River (from DNR Model Ordinance) have been removed as it is not found within Ramsey's borders.
3. Summary of ordinance has been updated to better reflect intent of ordinance.

Please note that even minor edits significantly changed the line numbers from the original comparison document to the DNR model ordinance. Since this ordinance has gone through 2 separate reviews, Staff has removed the model ordinance and crosswalk to avoid confusion. 

Additionally, Staff has received comment from the Friends of the Mississippi which is attached to this case. No amendments to the draft ordinance are required; these are advisory comments. 

The purpose of this case is to consider amending the City's regulations within the Mississippi River Corridor Critical Area (MRCCA) Overlay District.

This overlay district is required by the State of Minnesota and establishes minimum land use standards within the District. The Overlay District was originally created in the late 1970s and recently updated in 2017. The District requires a general land use plan be included in the City's Comprehensive Plan, which is now complete and in effect. The next step is to amend our official controls (Zoning Code). 

Staff is advancing the amendment now ahead of the anticipated schedule due to the proposed Riverstone South proposal. The updated rules are more reflective of the proposed Riverstone South subdivision.

While the City was very active during the State of Minnesota Rulemaking Process and subsequent update to the City's Comprehensive Plan, including this area, this is the first read of the actual official controls/zoning code update. The City Council should feel comfortable tabling action if additional time and information is necessary. However, it should be noted that a delay in this ordinance update will delay the Riverstone South proposed subdivision. At this time and after Work Session review, Staff does not believe additional postponements are necessary. If there are remaining typos and/or clarifications, the City Council may introduce the ordinance with direction to correct typos, as long as they don't materially change policy as introduced. 

Alternatives

1. Adopt the Ordinance as presented (meets minimum requirements)
2. Adopt the Ordinance as modified
3. Postpone action to further refine draft ordinance
4. Do not adopt the ordinance (would not be in compliance with State Statute/Minnesota Rules)

The Planning Commission held a Public Hearing on January 7, 2021. The Public Hearing Notice was advertised in the Anoka County Union-Herald, the City Official Newsletter. Since the district/impacted area is more than 40 acres in size, direct mailings are not required. Notification is not required for this step. 

During the State of Minnesota Rulemaking process (2015-2017) significant public outreach and notification was provided. 

The updated plans and rules represent a significant benefit to the City of Ramsey. Under the previous plan, a majority of the district was in a rural open space designation, significantly restricting future development potential and conflicted with the City's Comprehensive Plan. The updated rules better reflect the City's vision for future land use. The most relevant example is the current Riverstone South proposal. Under the previous plan, this current proposal would have needed to be processed as a Planned Unit Development with significantly more open space protection (50% of the site). 

Additionally, the updated rules remove a number of lawful, non-conforming uses for neighborhoods that were created prior to establishment of the Overlay District by the State of Minnesota. The Bowers Drive neighborhood is an example of the updated districts better reflecting actual built-environment, thereby removing non-conformities. 

Many of the rules that were recently added already existed in Ramsey's ordinance. The updated rules have minimal impact to Ramsey, where other communities were more significantly impacted. There are some updated vegetation management requirements and permitting requirements, but nothing significantly different than Ramsey's existing ordinance. 

This case is being handled as part of normal Staff duties. 

The Planning Commission recommends that the City Council adopt the ordinance. 

Motion to introduce Ordinance #21-02 amending City Code Section 117-148 (Mississippi River Corridor Critical Area).