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TO: City Administrator <br /> <br />FROM: City Attorney <br /> <br />DATE: December 7, 1978 <br /> <br />RE.: Rural Service Area <br /> <br />This letter is in response to your request for the rationale for establish- <br />ing the Rural Service Area and the resultant ten (10) acre lot size. <br /> <br />I have reviewed Dick Sha's letter of November 13~ 19'78 and.~concur .with its~ <br />contents. <br /> <br />I would, however, add that :at the: .time ~the :Comprehensive. Plan-~wasi~amended, ~i <br />maj or planning'.emphasis was placed--0n :the:-creatio~-rof~t~he!~rban:~Area~-. Besr <br />cause of this emphasis, it :was felt tha~ it~would~be:&elpful-~to:discourage!~= <br />development in the outer areas of the .City~ which Would ~hen-hopefuIly haVe . <br />the counter effect of encouraging, development in theUrban-Area. This:then <br />I feel, is one of the prime factors in establishing the Rural Service Area <br />and the ten acre lot size. <br /> <br />You also requested, the procedure in amending the iComprehensive;Plan~.. Please-- <br />be advised that MSA 462.355subdfr!2 provides_as_follows: <br /> <br /> Procedure for plan adoption_and amendment~_.The:planning agency ' <br /> ~-~y,.unless Otherwise providedby-charter, ror.::ordinance:-consistent;~:: <br /> with the'municipal-.~charter.~:adopt--and~amend~'from~ime~to~time~a :: <br /> comprehensive municipal plan as its~recommendation-to:the'governs. <br /> ing body. The plan may be prepared and adopted~in_sections~ each <br /> of which relates to a major subject of the plan or to a major <br /> geographical section of the municipality. The governing body may <br /> propose.amendments to the comprehensive municipal plan by resolu- <br /> tion submitted to the planning agency, Before adopting the com-. <br /> prehensive mm~icipal plan or any section or amendment of the plan, <br /> the planning agency shall hold at least one public hearing thereon~ <br /> A notice of the time, place and purpose of the hearing shall be <br /> published once in the official newspaper of the municipality a~ <br /> least ten days before the day of the hearing, The proposed plan~ <br /> section of the plan, or amendment shall be transmitted to the <br /> governing body prior to the publication of the notice of hearing. <br /> Adoption and amendment of the comprehensive municipal plan or of <br /> any section thereof shall be by resolution adopted by a majority <br /> of all the members of the planning commission, A copy of the <br /> plan or of any section or amendment thereof adopted by the plmn-. <br /> ning agency shall be certified to the .governing body of the <br /> municipality, <br /> <br />If you have any further questions, please do not hesitate to call, <br />WKG:sb <br /> <br /> <br />