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PLANNING REPORT <br /> <br />DATE: July 13, 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. Ordinance No. <br />844 includes all comments and feedback from the DNR and City Attorney and is in a form ready <br />for adoption. <br /> <br />Various opportunities for public feedback on the proposed ordinance have been provided. <br />Several notices have been mailed all properties lying within the defined shoreland inviting them <br />to a public Open House in September of 2015, as well as invitations for formal public hearings at <br />the Planning Commission. Staff has responded to all inquiries. A public hearing notice has been <br />published in the New Brighton Bulletin every month since February of 2016, inviting the public <br />to the Commission’s public hearings. Lastly, the City’s website has been kept up to date with <br />the latest information allowing the public to follow the process. <br /> <br />ATTACHMENTS <br />A – Proposed Ordinance No. 844 <br />B – June 21, 2016 DNR Conditional Approval Letter <br />C – 2-13-2014 PC Work Session Memo <br />D – 5-14-2015 PC Work Session Memo <br />E – 6-12-2015 PC Work Session Memo <br />F – 9-29-2015 Open House Presentation Boards & Maps <br />G – 2-11-2016 Commission Report <br />H – 4-12-2016 Commission Report <br />I – 5-11-2016 Commission Memo <br />J – 6-16-2016 Commission Memo <br /> <br />FINDINGS <br />Minnesota Statutes, Section 103F.201, 205, 211, 221 <br />