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

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RELEVANT LINKS: Roselawn Cemetery v. City of Roseville, 689 N.W. 2d 254 (Minn. Ct. App. 2004). Minn. Stat. § 462.352, subd. 5. Minn. Stat. § 462.355, subd. 1 a. Minn. Stat. § 473.121, subd. 2. Minn. Stat. § 473.864, subd. 2. Amcon Corp. v. City of Eagan, 348 N.W.2d 66 (Minn. 1984). Minn. Stat. § 462.357, subd. lh. Minn. Stat. § 462.355, subd. 1. Minn. Stat. § 103G.005, subd. 10b. See LMC information memo, Planning Commission Guide. For more information on Comprehensive Planning see Under Construction by MN Department of Administration. Concept Properties, LLP v. City ofMinnetrista, 694 N.W.2d 804 (Minn. Ct. App. 2005). Larson v. Washington County, 387 N.W.2d 902 (Minn. Ct. App. 1986). Minnesota statutes grant all cities authority to adopt a formal comprehensive plan for their community. A comprehensive plan is a lengthy document that formally establishes a blueprint for the city's long-range (usually between five and 15 years) social, economic, and physical development. In metropolitan area cities, including cities in the counties of Anoka, Dakota (excluding the city of Northfield), Hennepin (excluding the cities of Hanover and Rockford), Ramsey, Scott (excluding the city of New Prague) and Washington, the adoption of a comprehensive plan is mandatory under the Metropolitan Land Planning Act. All other cities have the option of adopting a comprehensive plan, but are not required to do so. Non -metropolitan cities located in counties or watersheds that contain 80 percent of their presettlement wetlands are subject to the President Theodore Roosevelt Memorial Bill to Preserve Agricultural, Forest, Wildlife, and Open Space Land (hereinafter the "T. Roosevelt Memorial Preservation Act"). These cities are not required to engage in comprehensive planning, but must meet the requirements of the T. Roosevelt Memorial Preservation Act by adopting certain findings of fact when adopting a comprehensive plan. a. Reasons to adopt a comprehensive plan While not all cities are required to adopt a comprehensive plan, a plan is still a good practice for a couple of reasons. First, the comprehensive planning process helps a city develop a plan for creating and maintaining a desirable environment and safe and healthy community. 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 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 written finding of facts, stating the policy reasons that necessitate the ordinance's adoption. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 3