Agenda - Planning Commission - 04/20/2015 - Joint with EPB

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RELEVANT LINKS: Minn. Stat. § 462.356, subd 2. Minn. Stat. § 475.521, subd. 1 (b). Minn. Stat. § 373.40, subd. 1(b). Lerner v. City of Minneapolis, 284 Minn. 46, 169 N.W.2d 380 (Minn. 1969). A.G. Op. 161-b (Aug. 8, 1966). Minn. Stat. § 462.357, subd 2. Minn. Stat. § 462.352, subd 6. Minn. Stat. § 462.357, subd 2 (c). For more information see LMC information memo, Zoning Decisions. F. Role in capital improvements program After a comprehensive municipal plan or section of a plan has been recommended by the planning commission and a copy filed with the city council, the planning commission must be given a chance to review and comment on all proposed public capital improvements within the city. This includes not only capital improvements built by the city, but also by: • Any special district or agency in the city. • Any other political subdivision having jurisdiction within the city. The planning commission must report in writing to the city council, other special district or agency, or political subdivision concerned, its findings to compliance of the proposed capital improvement with the comprehensive municipal plan. The term capital improvement is not defined within the comprehensive planning statute. However, other statutes define a capital improvement as "betterment of public lands, buildings or other improvements." The planning commission has 45 days to report on the proposal, unless the city council designates a shorter or longer period for review. If the planning commission does not report within the required timeline, this statutory provision is considered waived by the commission. A city council may by resolution adopted by two-thirds vote dispense with this requirement when in its judgment it finds that the proposed capital improvement has no relationship to the comprehensive municipal plan. In submitting comments and review, the planning commission serves in a strictly advisory role. The city council ultimately decides on capital improvements for the city and is not bound by planning commission recommendations. G. Role in zoning ordinance adoption and amendment 1. Zoning ordinance adoption At any time after the adoption of a comprehensive plan or simply a portion of the plan creating a land use plan, the planning commission, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance (including a zoning map) and submit it to the city council with its recommendations for adoption. If a city adopts only a land use plan, the plan must provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the land use plan. League of Minnesota Cities Information Memo: 1/20/2015 Planning Commission Guide Page 13