Laserfiche WebLink
Alternative 2 would require submission of plan <br />amendments to the plan elements required by the <br />Land Planning Act, thus eliminating amendment~ to <br />optional plan elements such as a stormwater facilities <br />plan, an energy plan, or the portion of the capital <br />improvement program dealing with local facilities <br />other than transportation, sewers and parks. This <br />alternative would reduce the number of amendments <br />submitted and would focus attention on only those <br />plan elements required by the Act. However, the <br />Council would not be assured it was keeping up to <br />date on amendments to optional comprehensive plan <br />elements. <br /> <br />Alternative 3 would require submission of only those <br />plan amendments likely to have system impact. This <br />would include changes to the local transportation, <br />sewer and park plans, and land use changes that may <br />have an impact on regional airports. Under this <br />approach, local units would submit and the Council <br />would review the least number of amendments. <br />Itowevcr, the Council would not get complete infor- <br />mation on "nonsystem" plan amendments, such as <br />those to the housing plan on which to base its A-95 <br />and other reviews. Furthermore, the Land Planning <br />Act gives the Council the authority and responsiblity <br />to review and comment upon the compatibility of <br />plans to those of adjacent jurisdictions and upon the <br />consistency of plans with Council policies in addition <br />to determining whether plans conform with systems <br />plans. <br /> <br />Upon review of the advantages and disadvantages of <br />the alternatives, the Physical Development Committee <br />directed the staff to develop new plan amendment <br />guidelines for public hearing purposes that would <br />incorporate features of both A]terntives I and 3 as <br />follows: <br /> <br />-- Plan amendments with the potential for system im- <br /> pact would be required to be reviewed by the <br /> Council prior to local adoption, consistent with <br /> Alternative 3. <br /> <br />-- The guidelines should also contain a formal <br /> information-gathering process for obtaining all <br /> local plan amendments, consistent with <br /> Alternative 1. <br /> <br />A speedy review process and a plan amendment <br />worksheet would also be incorporated into the <br />guidelines. <br /> <br />Thc Council staff is now developing the new guide- <br />lines, and the Council intends to hold a public <br />hearing, tentatively scheduled for early January <br />1981. <br /> <br />WILLIAM BARNHART, SENIOR PLANNER <br />MINNEAPOLIS COORDINATOR'S OFFICE <br /> <br />As the discussions on the best methods to handle <br />comprehensive plan amendments have proceeded, it <br />has become evident that, although most cities have <br />the same set of concerns, the priority given to these <br />concerns does differ. These concerns seem to be the <br />extent of what must be submitted to the Metro <br /> <br />Council for review, the length of time needed to <br />review whatever is submitted, and the degree of cer- <br />tainty in the process. Developing communities seem <br />to be most concerned with the first two areas -- what <br />is submitted and how long the review takes. The <br />opinion has been expressed that, given the degree of <br />detail which has been proposed in the comp plans for <br />developing areas, amendments will be fairly numer- <br />ous. A system which required lengthy review of all <br />changes would needlessly hinder development and <br />may become bogged down under its own weight. <br /> <br />The City of Minneapolis, on the other hand, is hoping <br />that the plan it submits to the Metro Council will not <br />have to be amended that often. Given, first, the size <br />and complexity of the City of Minneapolis and, <br />second, the fact that Minneapolis contains little <br />undeveloped land, it is reasonable to expect that its <br />comp plan would be at a more general level than <br />those of developing communities. Given the prospect <br />of fewer amendments, a key item to Minneapolis <br />is the "why" of amendments. Amendments, much <br />more so than the original drafting of a comp plan, <br />will be triggered by specific proposed development. <br />Thus, if a City proposes an amendment, it must be <br />certain that at the end of the process it has a legit- <br />imate amendment -- one that will withstand a court <br />test if needed. Within this context, the concern of the <br />City of Minneapolis has been more directed toward <br />the latter two items -- how long the process takes and <br />the certainty of the process. <br /> <br />One starting point for this concept of "certainty" is <br />the original law. One of the concepts involved in the <br />Metropolitan Land Planning Act was a concern for <br />metropolitan systems. It is reasonable to belive that a <br />major focus in the amendment process should be the <br />effect on metropolitan systems, i.e., an amendment <br />process which does not review at least those changes <br />which are of metropolitan significance could prob- <br />ably open the way for successful legal challenges. <br />The original set of "thresholds" was an attempt to <br />address this. <br /> <br />These thresholds, however, had several problems. <br />First, it was sometimes difficult to tell if a given <br />amendment fell above or below the threshold. The <br />question of whether the amendment should have <br />been submitted could remain unanswered. Second, <br />a given change in one part of the metropolitan area <br />may have a major impact upon one of the systems <br />while the same change elsewhere would have little or <br />no effect on the same system. Thus, an amendment <br />which clearly fell below the threshold could still have <br />been questioned as having metropolitan significance. <br />At this point, Minneapolis favored some process <br />whereby an initial determination would be made as to <br />metropolitan significance, with those amendments <br />with little or no impact undergoing no further review. <br />One method of accomplishing this would be to submit <br />all amendments to the Metropolitan Council at the <br />beginning and having this determination made within <br />10 to 15 days. This option also had the advantage <br />that some entity other than the proposer would make <br />the determination. <br /> <br />The process currently being discussed no longer <br />focuses on the amendment itself but, instead, upon <br />the effect of the amendment. A key element in this is <br />the worksheet which is used to determine significance. <br /> <br /> <br />