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PLANNING REPORT <br /> <br />DATE: April 12, 2016 <br />CASE: ZA2016-001 <br />SUBJECT: Creation of a Shoreland Ordinance as Chapter 12 to the New Brighton <br />Zoning Code <br />APPLICANT: City of New Brighton <br /> <br />REQUEST & BACKGROUND <br />The City is initiating adoption of a Shoreland Ordinance as a new Article 1, Chapter 12 to the <br />New Brighton Zoning Code. This ordinance would create a Shoreland Overlay District for any <br />property that lies within 1,000’ of the Ordinary High Water Level (OHWL) of a Minnesota <br />Department of Natural Resources (DNR) regulated lake (Long Lake, Pike Lake, Rush Lake, <br />Poplar Lake, and Jones Lake) and within 300’ of Rice Creek. The purpose of a Shoreland <br />Ordinance, as provided under Minnesota Statutes 103F.201, is to provide guidance for the wise <br />development of shoreland of public waters and thus preserve and enhance the quality of surface <br />waters, to preserve the economic and natural environmental values of shorelands, and to provide <br />for the wise use of water and related land resources of the state. <br /> <br />The process of drafting and adopting a Shoreland Ordinance has taken much longer than <br />expected. This is because of the various areas of flexibility the City has sought from the state <br />standards, the time needed to obtain feedback from the DNR, the time needed for City Attorney <br />review, and staff time to incorporate all feedback/comments into the ordinance. Fortunately, <br />there isn’t a specified timetable for adoption. Staff continues to work with the DNR, the City <br />Attorney, our consultant WSB, and the public to ensure an appropriate ordinance is adopted to <br />meeting New Brighton’s needs. <br /> <br />ATTACHMENTS <br />A – Draft Shoreland Ordinance dated 4-11-2016 <br />B – Table of Responses to DNR Comments (as of 4-11-2016) <br />C – Table of Responses to City Attorney Comments (as of 4-11-2016) <br />D – Planning Commission Report & Exhibits dated 2/11/2016 <br /> <br />FINDINGS <br />Minnesota Statutes, Section 103F.201, 205, 211, 221 <br /> <br />ZONING CODE AMENDMENT ANALYSIS <br />Rather than go through the ordinance section by section, staff offers the following summary <br />points of the revisions that have occurred since the February 16th Planning Commission meeting: <br /> Definitions have been provided for Top of Bluff, Toe of Bluff, Public Waters, Intensive <br />Vegetation Clearing, and Natural Environment Lake. The definition of Recreational <br />Development lake was removed being there are none of these lakes within New <br />Brighton’s Shoreland. <br /> The definition for Bluff Impact Zone was revised to correctly define the area as 20’ <br />inland from the bluff and not 40’. <br /> The Shore Impact Zone standards (half of the lake setback) was removed from the <br />definitions and moved to the Development Standards section of the ordinance. <br /> Item A in paragraph 2 of Section 12-310 was removed as no water-oriented accessory <br />structures are allowed.