05-26-1992 Council Packet - Laserfiche WebLink

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... * *■ t- • *V'% r' This policy is a significant change from the old policy position, which did not connect the inconsisterc}’ of development under the rural area policy with system impact or substantial departure from system plans. The new policy states the Council's intention to require plan modifications from communities whose comprehensive plans are inconsistent with the new rural area policies. The second significant change is that the new policy explains that "some communities cannot comply with all of the Council ’s policies for the rural area because they have existing development patterm that are inconsistent with the policy" and provides a procedure and criteria for the Council to make exceptions to the policy where it may be warranted. This policy provides a means for the Council to recognize that some rural area communities have already allowed development at densities that exceed the Council's one unit per 10 acre standard. The policy also allov^ the Council to work with rhe community to negotiate an exception to the rural policy requirements. However, the Council will only allow the exception if the community's planning fits the criteria in the new policy. COUNCIL AUTHORITY T^e Metropolitan Land Planning Act (MLPA). Minn. Stat. §§ 473.85 1-473.872 (1990). requires that all local governments within the seven county metropolitan area must prepare comprehensive plans that are consistent vdth regional plans and policies. Local government comprehensive plans must be substantially consistent with the Council ’s metropolitan system plan policies and with the policies of the Councirs non-system pl^ns. pe MLPA requires the Council to review local plans for consistency with Council c..:icies. Section 473 175 of the MLPA provides that: The council shall review the comprehensive plans ot local governmental units... to determine their compatibility with each other and conformity with metropolitan system plans. The council shall review and comment on the apparent consistency of the comprehensive plans... w.th other adopted chapters of the metropolitan development guide. The council may require a local governmental unit to modify any comprehensive plan or part thereof which may have a substantial impact on or contain a substantial departure from metropolitan system j ins. The MDIF is not a metropolitan systems plan, but it is the key chapter of the Council ’s Metropolitan Development Guide. The new rural area policies will be referenced and incorporated into the systems plans when they are revised in 1993. Once the new rural policies are part of the systems plans, the Council then can use its authority under the MLPA to require local governments to modify their plans. * The Council will then send every local governmental unit in the region a metropolitan systems information statement that explains how the system plan has been revised and how those changes may affect that local governmental unit. Section 473.856 of the MLPA provides that local governments have nine months in which to decide whether they need to amend their local comprehensive plans to ensure continued conformity with metropolitan system plans. If a plan amendment is necessary the local government must prepare the amendment and submit it to the Council for review. _