2016.04.19 Planning Packet Combined

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PLANNING REPORT DATE: February 11, 2016 CASE: ZA2016-001 SUBJECT: Creation of a Shoreland Ordinance as Chapter 12 to the New Brighton Zoning Code APPLICANT: City of New Brighton REQUEST & BACKGROUND The City is initiating adoption of a Shoreland Ordinance as a new Article 1, Chapter 12 to the New Brighton Zoning Code. 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. Since 1990, all cities having shoreland within their corporate boundaries have been required to adopt a DNR approved shoreland ordinance. These requirements are established under Minnesota Statutes, Section 103F.221. To date, New Brighton has not adopted an ordinance. While the DNR has not taken enforcement action against the City, that option is available under State law. Enforcement action could entail the DNR adopting an ordinance on the City’s behalf if the City fails to enact an ordinance. A City Attorney memo dated 7/18/2013 (attached) outlines this issue in more detail. Up until 2008, the Rice Creek Watershed District enforced a shoreland rule. That shoreland rule was rescinded in 2008. During the City’s last update to the our Surface Water Management Plan (August 2012), the RCWD commented that the City must adopt a Shoreland Ordinance. Also, since 2008 at least one lakeshore owner has requested a building permit to construct a building within 50’ of a lake, which is prohibited under shoreland rules. Because of all of these reasons, the City is taking steps at this time to adopt a DNR-approved Shoreland Ordinance to ensure the City is living up to its obligations under State law. These details are explained further in the previously mentioned City Attorney memo dated 7/18/2013. At the Council’s direction, staff has worked to draft a proposed ordinance that has the least amount of impact to our residents. There are many deviations from the DNR’s model Shoreland Ordinance in New Brighton’s proposed ordinance. These deviations must be accepted by the DNR. Staff has submitted New Brighton’s draft Shoreland Ordinance to the DNR, who provided comment via email on January 28, 2016. Additionally, the City Attorney has also reviewed the draft ordinance. The City Attorney comments are attached to this memo as Attachment A and the DNR comments are attached as Attachment C (comments noted in the right-hand column of the documents). The Planning Commission has been reviewing the impacts of the draft ordinance for the past year. Two work sessions have been held on May 19, 2015 and June 16, 2015. Also, an Open House was conducted on September 29, 2015, where 1,518 property owners within the defined shoreland were notified by mail and invited to attend. To date, staff has fielded approximately 75 phone and email inquiries and an additional 100 or so residents attended the September Open House. The information presented at the September 29, 2015 Open House is attached as