Agenda - Environmental Policy Board - 04/20/2015 - Joint with Planning Comm

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RELEVANT LINKS: Minn. Stat. § 462.352, subd. 8. Minn. Stat. § 462.352, subd. 7. Minn. Stat. § 462.352, subd. 8. Minn. Stat. § 462.352, subd. 9. Minn. Stat. § 462.357, subd 2. Minn. Stat. § 462.352, subd. 6. Minn. Stat. § 462.357, subd. 2 (c). Minn. Stat. § 462.355, subd. 1. Minn. Stat. § 462.355, subd. 2. • Provide an opportunity to consider future implications of today's decisions. • Protect property rights and values. • Enable other public and private agencies to plan their activities in harmony with the municipality's plans. For many cities creating a comprehensive plan is the first step in adopting zoning and subdivision regulations for the city. As a result, the comprehensive plan normally lays out a vision for the city's future land development and land use, dictating where growth should occur, the type of growth that is allowed in various areas of the city, and the density of such growth. However, a comprehensive plan also may include a: • Public or Community Facilities Plan. • Thoroughfare or Transportation Plan. • Parks and Open Space Plan. • Capital Improvement Program. While not all cities are required to adopt a comprehensive plan, a plan is still a good practice for a couple of reasons. First, once a plan is adopted, it guides local officials in making their day-to-day decisions and becomes a factor in their decision-making process. Second, preparing a comprehensive plan prior to the adoption of a zoning ordinance also affords the city additional legal protections if a particular ordinance provision is challenged in court. Zoning ordinances must be reasonable and have a rational basis. Comprehensive plans assist a city in articulating the basis for its zoning decisions. Usually the courts will not question the policies and programs contained in a comprehensive plan adopted by a local community, or question the ordinances based upon the plan, unless the particular zoning provision appears to be without any rational basis, or clearly exceeds the city's regulatory authority. If a city is not able to develop a comprehensive plan prior to adopting a zoning ordinance, the zoning ordinance should be adopted in conjunction with extensive, written finding of facts, stating the policy reasons that necessitate the ordinance's adoption. 2. Preparing the comprehensive plan State statute vests authority for preparing the comprehensive plan in the planning commission. However, the city council also may propose the comprehensive municipal plan and amendments to the plan by a resolution submitted to the planning commission. When this occurs, the council may not adopt the recommended language until it has received a report from the planning commission or 60 days have elapsed. League of Minnesota Cities Information Memo: 1/20/2015 Planning Commission Guide Page 7