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 />
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