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m ,orman Re Comprehensive Plan Amendment Page 1 From: "Jim Uttley" <jim.uttley @metc.state.mn.us> To: <Jnorman @ci.ramsey.mn.us >, <ptrudgeon @ci.ramsey.mn.us >, <SFrolik @ci.ramsey.mn.us> Date: 7/12/01 6:25PM Subject: Re: Comprehensive Plan Amendment Patrick, Sorry for the delay in responding to you on this. Here is my response to your inquiry. You asked. 1) Is a comprehensive plan amendment necessary when we change the zoning that is a different type of land use than shown in the comp plan? RESPONSE: Under the provisions of the Metropolitan Land Planning Act (Minn. Statutues Section 473.858, Subd. 1 No conflicting zoning...) it says "if the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan...." and "After August 1, 1995, a local government unit shall not adopt any fiscal device or official control [this includes zoning ordinances] which is in conflict with its comprehensive plan." The comprehensive plan is the key land use planning document for a city to use in guiding land use. If a conflict exists, the comprehensive plan not the zoning ordinance governs. Therefore, if the proposal is inconsistent with the city's existing comprehensive plan (which is appears to be from your description) and with the existing zoning, both will need to be amended. 2) What happens if we don't amend the comp plan and the City rezones the property anyway? RESPONSE: This is a question better put to your city attorney. I am not an attorney and I cannot offer legal advise. However, in my opinion such action would appear not be consistent with the provisions of statute cited above. Such action might be successfully challenged in court. In addition, the individual public officials involved including staff might be taken to task for knowingly breaking state law. 3) Can you describe in writing what the procedure is for minor comprhensive plan amendments (Is a super majority needed for City approval of the amendment ?) RESPONSE: Here again the best advice is to ask your city attorney. I know of no provision is state law that talks about "minor" comprehensive plan amendments and even if it did, the size of the proposed project suggest to me that it is not "minor." General municipal planning legislation (Minn. Stat. 462), not the Metropolitan Land Planning Act (Minn. Stat. 473) govern such things as voting an a comprehensive plan or plan amendment. Specifically, Minn. Stat. 462.355, Subdivision 3 says "Unless otherwise propvided by charter, the governing body may by resolution by a two- thirds vote of all its members adopt and amend the comprehensive plan...." Unless Ramsey has a charter that says something different, it appears that a two- thirds vote of the city council would be needed to amend the plan. I understand that during the special session this year, a language change was made to reduce the vote needed for zoning changes to a simple majority. I have not seen the new language and do not know whether it also applies to comprehensive plans. You should ask your city attorney. Hope this helps. If you have any further question or need further clarification, please contact Sandra as I will be out of the office on medical leave for the next few weeks.