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ZONING CODE AMENDMENT ANALYSIS <br />Staff has provided numerous reports and memos regarding the draft Shoreland Ordinance, the <br />proposed standards, and the effect of the ordinance on existing conditions. Rather than provide a <br />full analysis of the ordinance within this report, staff would recommend past materials are <br />referenced. Those items are included as attachments to this report, including the Open House <br />information and maps. <br /> <br />Staff does offer the following points of most recent concern and discussion: <br /> The DNR has accepted the City’s hardcover percentage of 50% of the lot area, where the <br />state standard calls for 25%. This acceptance is based on the City’s commitment within <br />the ordinance to not allow any new water-oriented accessory structures and because many <br />areas within the City’s shoreland already exceed 25% and even 35% hardcover. <br /> Reduced structure setbacks for Jones Lake and Poplar Lake have been accepted by the <br />DNR. These lakes remain classified as Natural Environment Lakes, which usually <br />require a 150’ setback; however 50’ setbacks are being accepted at staff’s request. <br /> Any newly created single family-zoned riparian lot (lots on any of the water bodies <br />included in the shoreland) must be 20,000 SF when normally 10,000 SF would be <br />required. This City concession was necessary in order to obtain hardcover flexibility. <br />Staff believes the effect of this is minimal being most riparian lots are very deep in <br />dimension with 20,000 SF easily obtainable once factoring in the minimum width of 75’ <br />of the front yard building setback line (and 45’ at the road). <br /> Because the City’s proposed Shoreland Ordinance does not include specific requirements <br />for Planned Developments, the DNR must preliminarily approve such applications. Staff, <br />again, believes the effect of this will be minimal as few planned developments are <br />considered throughout New Brighton. Staff has made inquiry with the City Attorney <br />regarding legally how much time the DNR is allowed to provide preliminary approval. <br />Unfortunately, it appears the DNR is not legislatively required to act in a specified period <br />of time. This is something that will have to be communicated to applicants if a Planned <br />Development is pursued in the future under the Shoreland Ordinance. <br /> Multiple other topics, including vegetation clearing, fences, definitions, bluffs, shore <br />impact zones, and grading, filling and excavation requirements have been discussed <br />previously. Information on these topics is provided in the historical Commission reports <br />and memos (attached). <br /> <br />CITY ATTORNEY & DNR COMMENTS <br />The City Attorney provided comments back in April and May of 2016. These comments have <br />been incorporated into Ordinance No. 844. <br /> <br />The main delays for adoption of Ordinance No. 844 have been obtaining approval from the DNR <br />on the City’s draft ordinance. This was very important as Ordinance No. 844 varies from the <br />State standards in several areas. On June 21, 2016 the DNR sent a letter providing conditional <br />approval of the ordinance, including the requested variations. This letter requested one minor <br />revision regarding DNR approval of planned developments. Ordinance No. 844 includes revised <br />language in Section 12-320 addressing this request. <br /> <br />NEXT STEPS <br />The Planning Commission needs to forward a recommendation to the City Council on adoption <br />of Ordinance No. 844. City Council adoption of Ordinance No. 844 is tentatively scheduled for <br />July 26, 2016 assuming the Commission takes action on July 19, 2016. If the Council adopts the