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July 26, 2016 Page 5 of 7 5 Ayes, 0 Nays-Motion Carried 2. Consideration of Ordinance No. 844 and a Resolution creating a new Chapter 12 to the Zoning Code titled Shoreland Ordinance and approving a summer publication. Motion by Councilmember Jacobsen, seconded by Councilmember Burg to Adopt Ordinance No. 844 and a Resolution, creating a new Chapter 12 of the Zoning Code titled Shoreland Ordinance and approving a summary publication. City Manager Lotter indicated Assistant Community Assets and Development/Planning Director Gundlach would be presenting this item to the Council. Assistant Community Assets and Development/Planning Director Gundlach explained the City initiated adoption of a Shoreland Ordinance as a new Chapter 12 to the New Brighton Zoning Code over two years ago. This ordinance would create a Shoreland Overlay District for any property that lies within 1,000’ of the Ordinary High Water Level (OHWL) of a Minnesota Department of Natural Resources (DNR) regulated lake (Long Lake, Pike Lake, Rush Lake, Poplar Lake, and Jones Lake) and within 300’ of Rice Creek. The purpose of a Shoreland Ordinance, as provided under Minnesota Statutes 103F.201, is to provide guidance for the wise development of shoreland of public waters and thus preserve and enhance the quality of surface waters, to preserve the economic and natural environmental values of shorelands, and to provide for the wise use of water and related land resources of the state. Assistant Community Assets and Development/Planning Director Gundlach explained the process of drafting and adopting a Shoreland Ordinance has taken much longer than expected. This is because of the various areas of flexibility the City has sought from the state standards, the time needed to obtain feedback from the DNR, the time needed for City Attorney review, and staff time to incorporate all feedback/comments into the ordinance. Ordinance No. 844 includes all comments and feedback from the DNR and City Attorney and is in a form ready for adoption. The draft ordinance, which the DNR has conditionally approved, includes two major deviations from the state’s model ordinance including: 1) Allowance of 50% hard surface coverage when normally only 25% is allowed, and 2) Reduced setback and shore impact zones for Jones and Poplar Lakes where normally 150’ setbacks and 75’ shore impact zones would be required but only 50’ setbacks and 25’ shore impact zones will be enforced. The written Planning Report dated 7/13/2016 (attached) outlines the details surrounding these two deviations. Various opportunities for public feedback on the proposed ordinance have been provided. Several notices have been mailed all properties lying within the defined shoreland inviting them to a public Open House in September of 2015, as well as invitations for formal public hearings at the Planning Commission. Staff has responded to all inquiries. Assistant Community Assets and Development/Planning Director Gundlach reported a public hearing notice has been published in the New Brighton Bulletin every month since February of 2016, inviting the public to the Commission’s public hearings. Lastly, the City’s website has been kept up to date with the latest information allowing the public to follow the process. Attached to this memo are all the written reports and memos the Planning Commission has received on this topic. All materials, including the attachments to the referenced reports and memos, are provided on the City’s website, under Announcements, Shoreland Ordinance. Beyond adoption of Ordinance No. 844, staff is requesting adoption of a Resolution approving an ordinance summary. This allows publication of a summary in lieu of the full ten-page ordinance, saving on publication costs. Minnesota Statutes 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances. Staff recommended approval of Ordinance 844 and a Resolution creating a new Chapter 12 to the Zoning Code 2. Consideration of Ordinance No. 844 and a Resolution creating a new Chapter 12 to the Zoning Code titled Shoreland Ordinance and approving a summer publication.