PUBLIC HEARING: Consider Zoning Ordinance to Amend Chapter 117, Article II, Division 4, Subdivisions II, IV and V by Consolidating into One Subdivision (Shorelands)

A consolidation is proposed for all rules pertaining to shorelands including lakes, streams and rivers into a single section, Shorelands.  The proposed ordinance repeals Subdivisions II (Environmental Overlay Protection Districts), Subdivision IV (Shoreland Management Overlay District) and Subdivision V (Scenic River Protection Overlay District) and establishes a new Subdivision II (Shorelands), which incorporates the provisions of these three (3) Subdivisions.  This, in part, was prompted due to the Mississippi River within Ramsey being statutorily designated as both a Wild and Scenic River and as part of the Critical River Area.  This duel designation results in overlapping regulations. 

The Public Hearing was properly notified in the Anoka County Union.  The proposed ordinance amendment was also sent to the MN DNR per Minnesota Rules.

In 2012, special legislation was approved that exempts the Mississippi River from the Wild and Scenic regulations. The Critical Area Overlay requirements will now only apply to the Mississippi River and Scenic River Overlay will only apply to the Rum River. As part of this special legislation, the DNR expressed support for the merger of these sets of river regulations into the Shoreland Section as long as it didn't diminish the established regulations. This will provide a single source ordinance for all shoreland related regulations thereby making it easier for staff and property owners of affected properties to navigate these requirements.

In 2010, the Minnesota Supreme Court determined that the MN DNR did not have statutory authority to certify certain local decisions, such as variances and inconsistent plats.  Therefore, the proposed ordinance does include updated language to clarify what types of actions still require DNR certification (ordinance and zoning amendments) and which actions simply require official notification of public hearings and final actions. 

Other than the aforementioned clarification, this consolidation is not including a rewrite or revisit of the regulations within these various sections.  The proposed ordinance amendment is simply a reorganization to include the existing Critical Area Overlay Requirements, Scenic River Protection Overlay, and Shoreland Management Overlay Districts into one Subdivision, Shorelands.

All costs associated with the amendment are being handled as part of Planning Consultant budget.

Staff recommends approval of the proposed ordinance amendment to create Subdivision (II) Shorelands, which will include the Critical Area Overlay, Scenic River Protection Overlay and Shoreland Management Overlay District regulations.

Motion to recommend that the City Council adopt Ordinance #12-___ to amend City Code Chapter 117, Article II Division 4 by repealing Subdivisions II, IV and V and replacing with Subdivision II (Shorelands), subject to review by the City Attorney as to legal form.