The purpose of this case is to consider an official response related to the Mississippi River Corridor Critical Area Rulemaking Project. The attached document is a proposed response to the DNR containing a number of technical recommendations. The comments are intended to aide in the final form of the draft rules. The number of comments included is not intended to measure the level of support or lack thereof. When considering as a matter of land use policy if the draft rules fit within Ramsey's land use vision, Staff desires policy feedback on the following broad topics:
 

1. Are the proposed land use districts appropriate for existing development patterns and future land use goals?
2. Do we feel the proposed dimensional standards (lot size, setbacks, structure sizes, etc.) are the minimum standards necessary to achieve the stated objective of the MRCCA and the 2013 Legislative Direction, or do we feel these minimum standards are too aggressive?
3. Do we feel the standards for public uses are appropriate for the goals of our public spaces, most notably the future Mississippi West Regional Park and future river crossing?
4. Should additional vegetative management and land alteration standards (including rock riprap and retaining walls) exist within this corridor than in other areas of the community in order to protect the resource as stated?
5. Should the City require permits for activities such as bank stabilization, erosion control, and vegetation management?
6. Should developers be required to set aside protected conservation areas as part of a subdivision approval?

The purpose of the rulemaking as directed by the legislature is to ensure that the MRCCA is managed as a multi-purpose resource in a way that:
 

1. Conserves the scenic, environmental, recreational, mineral, economic, cultural, and historic functions of the river corridor.
2. Maintains the river channel for transportation by providing and maintaining barging and fleeting areas in appropriate locations consistent with the character of the Mississippi River and riverfront.
3. Provides for the continuation, development, and redevelopment of a variety of urban uses, including industrial and commercial uses, and recreational and residential uses, where appropriate, within the Mississippi River corridor.
4. Utilizes certain reaches of the river as a source of water supply and as a receiving water for properly treated sewage, storm water, and industrial waste effluents.
5. Protects and preserves the biological and ecological functions of the corridor.
   2. The Metropolitan Council shall incorporate the standards developed under this section into its planning and shall work with local units of government and the commissioner to ensure the standards are being adopted and implemented appropriately.
   3. The rules must be consistent with residential nonconformity provisions under sections 394.36 and 462.357.

Notification is not required at this stage. However, the DNR held three (3) open houses throughout July to review the current draft rules. Additionally, the City has been maintaining an email list of stakeholders interested in updates and offered multiple opportunities to meet with Staff prior to Planning Commission.

Public Hearings and Notifications shall be required at the time the City will be required to amend City Code to comply with the new corridor rules.

In 2013, the Minnesota Legislature authorized the Minnesota Department of Natural Resources (DNR) to commence rulemaking related to the Mississippi River Corridor Critical Area (MRCCA). The intent is to update existing regulations found in Minnesota Statute Chapter 116G. The Critical Area extends from Ramsey's western border south down to Hastings, stretching nearly seventy-two (72) miles and encompasses approximately thirty (30) governmental subdivisions across the metro area. It is noted that these regulations presently exist. The rulemaking process proposes to update these existing rules.

The Critical Area is an overlay district that establishes minimum development standards intended to provide protections for the Mississippi River including, but not limited to, stormwater management, bluff stabilization, and protection of scenic qualities. Minnesota Statute Chapter 116G establishes the district and requires that local government units with land use and zoning authority adopt ordinances in substantial compliance with the Statute. The local ordinance must be approved by the DNR. The local unit of government is responsible for administration and enforcement. The City adopted its original ordinance in circa-mid 1980s. A majority of Ramsey is currently classified as 'Rural Open Space' under existing rules. There are a number of existing lots and future development scenarios under the City's Comprehensive Plan that conflict with this designation.

The rulemaking project originally commenced in 2009. However, the legislative timeframe expired, and updated rules were never adopted. The 2013 Legislature revised the original scope for rulemaking and authorized a new rulemaking project. One potential positive outcome is to establish land use districts that are more compatible with existing development and planned future development under the Comprehensive Plan. However, there is an opportunity that additional lawful, non-conforming structures are created due to revised rules such as setbacks.

General topics raised by Ramsey residents through a series of citizen engagement opportunities include the following:
 

• Retain ability to maintain local control over land use decisions
• Retain ability to perform vegetation management
• Retain ability to perform erosion control management (i.e. rip-rap at water line)
• Seek funding opportunities to assist property owners with erosion control issues
• Ensure that lawful, non-conforming ("grandfather") rights are maintained

There is the potential of lawful, non-conforming lots created with the existing rules; however, a number of existing lawful, non-conforming lots could become conforming lots with rule changes. The DNR has prepared a comparison chart, which is attached to this case. One opportunity with the current rulemaking process would be to change existing lawful, non-conforming lots to conforming lots through revised land use districts. It should be noted that a number of protections are granted to property owners that constructed structures lawfully prior to an ordinance being adopted, which are classified as lawful, non-conforming (that being that an existing structure now does not conform to a new rule that did not exist when the structure was constructed). The City derives it's powers to protect lawful, non-conforming uses and structures under Minnesota Statute 462.357.

Attached as background purposes are several documents for review. Please note that previous comments sent prior to the current draft rules are included for reference purposes. In addition, a comparison table of Ramsey's existing ordinance compared to the draft rules is also included for reference, but is outdated at this point. This comparison table is fairly close to the current draft and is useful to review on the overarching policy level. The Commission should focus on the current draft rules dated June 2, 2014 and the proposed official comment from Ramsey dated August 7, 2014.

Additional information on the rulemaking process can be found at www.cityoframsey.com/shoreland.

Staff recommends that the attached Official Response be adopted by the City and sent to the DNR by the August 15, 2014 deadline.

Motion to recommend that the City Council adopt the attached Official Response be adopted by the City and send to the DNR by the August 15, 2014 deadline.