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11/05/86
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11/05/86
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Meetings
Meeting Document Type
Agenda
Document Title
Planning and Zoning Commission
Document Date
11/05/1986
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INTRODUCTION <br /> <br />In the 1985 legislative session, an amendment to Minnesota's planning enabling <br />legislation was adopted stating that "If the comprehensive municipal plan is in <br />conflict with the zoning ordinance~ the zoning ordinance supersedes the plan." <br />The change was made to the state-wide municipal planning law, Minnesota <br />Statute, Section 462.357, Subd. 2 and to the Metropolitan Land Planning Act, <br />Minnesota Statute, Section 473.858, subd.1. The new provision took effect July <br />1~ 1985. <br /> <br />The purpose of this paper is to examine the impact the new legislation may have <br />in the Metropolitan Area on the use of comprehensive plans and the <br />implementation of those plans through official controls, specifically the <br />zoning ordinance. The impact of the zoning ordinance superseding the <br />comprehensive plan where the two conflict is of special concern to the <br />Metropolitan Council for two reasons. First, the Council reviews only <br />comprehensive plans for their consistency with regional goals and policies. <br />Official controls in conflict with a comprehensive plan may cause plan <br />implementation to conflict with regional policies, limiting the Council's <br />ability to guide development and change in the seven-county region to achieve <br />regional goals. Second, the Land Planning Act prohibits local governmental <br />units from adopting official controls which permit activity in conflict with <br />metropolitan system plans. Since the Council does not review official <br />controls, it must rely on a local government adopting official controls <br />consistent with its comprehensive plan. Only the comprehensive plan is <br />reviewed by the Council for consistency with the metropolitan system plans. <br /> <br />The adoption of legislation giving zoning ordinance precedence over the <br />comprehensive plan where the two conflict prompted Metropolitan Council concern <br />about the comprehensive planning process in the Metropolitan Area. After a <br />Planner's Forum indicated a great deal of interest in the consistency issue and <br />the impact of the new law on comprehensive planning, the Council conducted a <br />survey of each city, township and county in the seven-county area. The results <br />of the survey comprise the bulk of this report; the report also offers an <br />assessment of what the results mean for the Council's ability to encourage <br />coordinated and orderly development in the Metropolitan Area. <br /> <br />BACKGROUND ON THE CONSISTENCY ISSUE <br /> <br />The Concept of ConsisteDcy <br /> <br />In essence, consistency means that local land use regulations bear some direct <br />relationship to local comprehensive plans. Consistency is typically defined as <br />compatibility between zoning and planning objectives and policies. In this <br />interpretation, a zoning ordinance is considered to be consistent with a <br />comprehensive plan when the allowable uses and standards contained in the text <br />of the ordinance further the policies of the plan and do not inhibit or <br />obstruct the attainment of those policies. Conversely, a zoning ordinance <br />would be in conflict with a comprehensive plan where its regulations do inhibit <br />or obstruct the attainment of the plan's policies. <br /> <br />Consistency Requirements in the Metropolitan Area <br /> <br />In the Metropolitan Area, consistency means "not in conflict with." The <br /> <br /> <br />
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