09-24-1990 Council Packet - Laserfiche WebLink

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Actual Role of Metro Council - Incorporation of page 2 and 3 of the comments to clarify the actual authority would be helpful in defining in the plan Metro Council's role. Threshold for Change - It does not stipulate at what point a change in the plan in future years would require any review and comment by any other agencies including Metro Council. Conflict Between Plan and LMCD Actions - The plan does not address how conflicts that may arise between the LMCD's actual actions and the proposed work plan will be resolved. This could be the source of legal confrontations and expenses in the future. (The analogy is that by State law for cities for zoning ordinance take pre-emenance over Comprehensive Plan.) Shore land Regulation - The plan does modify language indicating that it is not LMCD's intent to usurp any local authority. Cn page 46 of the current new draft they dedicate a new paragraph stating that they shall request to determine if the District may participate as an interested party and also indicate that they would ;:equest to be part of the Metro Council's review 'process. They do however later on in #3 indicate that 'LMCD shall develop agreements with local communities to review variance applications. While verbally stating that this was voluntary given that it would be through agreements the word "shall" gives the import that it is mandatory that an agreement be developed with such city. (In addition it should be remembered that the work for the shoreland regulations whether the City works through the LMCD or Department of Natural Resources directly that there may need to be, because of the change in local ordinances, for a possible review of the City's Comprehensive Plans by Metro Council. To date this issue has not been addressed as to whether this would be required and would be a consideration for the City in determining what it desires to do regarding shoreline regulations.) Access - While the language in a couple instances has Been modified with changes by changing the language to the thrust for assuring 700 parking slots "rather than" to establish a policy that recognizes the need. (It should be remembered that in the discussion of access the original draft also indicated that the 700 slots included both public and private ramped access.) Restriction by Use - The access control does address methods for categorization of use during peak usage under the density 6.0 - 6.5 by imposing restrictions