HF 1000

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to planning; establishing goals for 
  1.3             community-based planning; permitting counties and 
  1.4             municipalities to prepare community-based plans; 
  1.5             requiring the metropolitan council to meet the 
  1.6             community-based planning goals; establishing an 
  1.7             advisory council to develop the framework for 
  1.8             implementing community-based planning; appropriating 
  1.9             money; amending Minnesota Statutes 1996, sections 
  1.10            394.24, subdivision 1; and 462.357, subdivision 2; 
  1.11            proposing coding for new law in Minnesota Statutes, 
  1.12            chapters 4A; 394; 462; and 473. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [4A.08] [COMMUNITY-BASED PLANNING GOALS.] 
  1.15     The goals of community-based planning are: 
  1.16     (1) [CITIZEN PARTICIPATION.] To develop a community-based 
  1.17  planning process with broad citizen participation in order to 
  1.18  build local capacity to plan for sustainable development and to 
  1.19  benefit from the insights, knowledge, and support of local 
  1.20  residents; 
  1.21     (2) [ECONOMIC DEVELOPMENT.] To create sustainable economic 
  1.22  development strategies and provide economic opportunities 
  1.23  throughout the state that will achieve a balanced distribution 
  1.24  of growth statewide; 
  1.25     (3) [CONSERVATION.] To protect, preserve, and enhance the 
  1.26  state's resources, including agricultural land, forests, surface 
  1.27  water and groundwater, recreation and open space, native 
  1.28  biodiversity and ecosystems, scenic areas, and significant 
  1.29  historic and archaeological sites; 
  2.1      (4) [LIVABLE COMMUNITY DESIGN.] To strengthen communities 
  2.2   by following the principles of livable community design in 
  2.3   development and redevelopment, including integration of all 
  2.4   income and age groups, mixed land uses and compact development, 
  2.5   affordable and life-cycle housing, green spaces, access to 
  2.6   public transit, bicycle and pedestrian ways, and enhanced 
  2.7   aesthetics and beauty in public spaces; 
  2.8      (5) [HOUSING.] To provide and preserve an adequate supply 
  2.9   of affordable and life-cycle housing throughout the state; 
  2.10     (6) [TRANSPORTATION.] To focus on the movement of people 
  2.11  and goods, rather than on the movement of automobiles, in 
  2.12  transportation planning, and to maximize the efficient use of 
  2.13  the transportation infrastructure by increasing the availability 
  2.14  and use of appropriate public transit throughout the state 
  2.15  through land-use planning and design that makes public transit 
  2.16  economically viable and desirable; 
  2.17     (7) [LAND-USE PLANNING.] To establish a community-based 
  2.18  framework as a basis for all decisions and actions related to 
  2.19  land use; 
  2.20     (8) [PUBLIC INVESTMENTS.] To ensure that funding required 
  2.21  for new or improved infrastructure needed to accommodate new 
  2.22  development, including, but not limited to, roads, water, sewers 
  2.23  and sewage treatment facilities, schools, and recreation areas, 
  2.24  will be available before proceeding with the new development; 
  2.25     (9) [PUBLIC EDUCATION.] To support research and public 
  2.26  education on a community's and the state's finite capacity to 
  2.27  accommodate growth, and the need for planning and resource 
  2.28  management that will sustain growth; and 
  2.29     (10) [SUSTAINABLE DEVELOPMENT.] To provide a better quality 
  2.30  of life for all residents while maintaining nature's ability to 
  2.31  function over time by minimizing waste, preventing pollution, 
  2.32  promoting efficiency, and developing local resources to 
  2.33  revitalize the local economy. 
  2.34     Sec. 2.  [4A.09] [TECHNICAL ASSISTANCE.] 
  2.35     The office shall provide local governments technical and 
  2.36  financial assistance in preparing their comprehensive plans to 
  3.1   meet the community-based planning goals in section 4A.08.  Joint 
  3.2   planning districts, formed under section 394.232, subdivision 4, 
  3.3   or 462.3535, subdivision 3, must receive priority for technical 
  3.4   or financial assistance. 
  3.5      Sec. 3.  [4A.10] [PLAN REVIEW AND APPROVAL.] 
  3.6      The office shall review and approve community-based 
  3.7   comprehensive plans prepared by counties, including the 
  3.8   community-based plans of municipalities that are incorporated 
  3.9   into a county's plan, as required in section 394.232. 
  3.10     Sec. 4.  [394.232] [COMMUNITY-BASED PLANNING.] 
  3.11     Subdivision 1.  [GENERAL.] A county may prepare a 
  3.12  comprehensive plan that meets the goals of community-based 
  3.13  planning in section 4A.08. 
  3.14     Subd. 2.  [COORDINATION.] A county that prepares a 
  3.15  community-based plan shall coordinate its plan with the plans of 
  3.16  its neighbors and its constituent municipalities and towns in 
  3.17  order both to prevent its plan from having an adverse impact on 
  3.18  other jurisdictions and to complement plans of other 
  3.19  jurisdictions.  The county's plan must incorporate the 
  3.20  community-based plan of any municipality or town in the county. 
  3.21     Subd. 3.  [REVIEW AND APPROVAL.] The county shall submit 
  3.22  its community-based plan to the office of strategic and 
  3.23  long-range planning for review and approval.  The county shall 
  3.24  not adopt or implement the plan until it has been approved. 
  3.25     Subd. 4.  [JOINT PLANNING.] Under the joint exercise of 
  3.26  powers provisions in section 471.59, a county may establish a 
  3.27  joint planning district with other counties, municipalities, and 
  3.28  towns, that are geographically contiguous, to adopt a single 
  3.29  community-based plan for the district.  The county may delegate 
  3.30  its authority to adopt official controls under this chapter, to 
  3.31  the board of the joint planning district. 
  3.32     Subd. 5.  [PLAN UPDATE.] The county board, or the board of 
  3.33  the joint planning district, shall review and update the 
  3.34  community-based comprehensive plan periodically, but at least 
  3.35  every ten years, and submit the updated plan to the office of 
  3.36  strategic and long-range planning for review and approval. 
  4.1      Sec. 5.  Minnesota Statutes 1996, section 394.24, 
  4.2   subdivision 1, is amended to read: 
  4.3      Subdivision 1.  [ADOPTED BY ORDINANCE.] Official controls 
  4.4   which shall further the purpose and objectives of the 
  4.5   comprehensive plan and parts thereof shall be adopted by 
  4.6   ordinance.  The board shall not adopt or implement official 
  4.7   controls that are inconsistent or in conflict with the adopted 
  4.8   comprehensive plan.  If a comprehensive plan is in conflict with 
  4.9   an official control, the official control must be brought into 
  4.10  conformance with the plan by the board.  The comprehensive plan 
  4.11  must provide guidelines for the timing and sequence of the 
  4.12  adoption of official controls to ensure planned, orderly, and 
  4.13  staged development and redevelopment consistent with the 
  4.14  comprehensive plan.  
  4.15     Sec. 6.  [462.3535] [COMMUNITY-BASED PLANNING.] 
  4.16     Subdivision 1.  [GENERAL.] A municipality may prepare a 
  4.17  community-based comprehensive municipal plan that meets the 
  4.18  goals of community-based planning in section 4A.08. 
  4.19     Subd. 2.  [COORDINATION.] A municipality that prepares a 
  4.20  community-based comprehensive municipal plan shall coordinate 
  4.21  its plan with the plans, if any, of the county and the 
  4.22  municipality's neighbors both in order to prevent the plan from 
  4.23  having an adverse impact on other jurisdictions and to 
  4.24  complement the plans of other jurisdictions.  The municipality 
  4.25  shall prepare its plan to be incorporated into the county's 
  4.26  community-based plan, if the county is preparing or has prepared 
  4.27  one, and shall otherwise assist and cooperate with the county in 
  4.28  its community-based planning. 
  4.29     Subd. 3.  [JOINT PLANNING.] Under the joint exercise of 
  4.30  powers provisions in section 471.59, a municipality may 
  4.31  establish a joint planning district with other municipalities or 
  4.32  counties that are geographically contiguous, to adopt a single 
  4.33  community-based plan for the district.  A municipality may 
  4.34  delegate its authority to adopt official controls under sections 
  4.35  462.351 to 462.364, to the board of the joint planning district. 
  4.36     Sec. 7.  Minnesota Statutes 1996, section 462.357, 
  5.1   subdivision 2, is amended to read: 
  5.2      Subd. 2.  [GENERAL REQUIREMENTS.] At any time after the 
  5.3   adoption of a land use plan for the municipality, the planning 
  5.4   agency, for the purpose of carrying out the policies and goals 
  5.5   of the land use plan, may prepare a proposed zoning ordinance 
  5.6   and submit it to the governing body with its recommendations for 
  5.7   adoption.  Subject to the requirements of subdivisions 3, 4 and 
  5.8   5, the governing body may adopt and amend a zoning ordinance by 
  5.9   a two-thirds vote of all its members.  If the comprehensive 
  5.10  municipal plan is in conflict with the zoning ordinance, the 
  5.11  zoning ordinance supersedes the plan.  The governing body may 
  5.12  not adopt or implement official controls that are inconsistent 
  5.13  or conflict with the adopted comprehensive municipal plan.  If a 
  5.14  comprehensive municipal plan is in conflict with an official 
  5.15  control, the official control must be brought into conformance 
  5.16  with the plan by the governing body.  The plan must provide 
  5.17  guidelines for the timing and sequence of the adoption of 
  5.18  official controls to ensure planned, orderly, and staged 
  5.19  development and redevelopment consistent with the plan. 
  5.20     Sec. 8.  [473.1455] [METROPOLITAN DEVELOPMENT GUIDE GOALS.] 
  5.21     The metropolitan council shall amend the metropolitan 
  5.22  development guide, as necessary, to reflect and implement the 
  5.23  community-based planning goals in section 4A.08.  The office of 
  5.24  strategic and long-range planning shall review and approve the 
  5.25  metropolitan development guide.  The council may not approve 
  5.26  local comprehensive plans or plan amendments after June 1, 1998, 
  5.27  until its metropolitan development guide has been approved by 
  5.28  the office of strategic and long-range planning. 
  5.29     Sec. 9.  [ADVISORY COUNCIL ON COMMUNITY-BASED PLANNING.] 
  5.30     Subdivision 1.  [ESTABLISHMENT; PURPOSE.] An advisory 
  5.31  council on community-based planning is established to provide a 
  5.32  forum for discussion and development of the framework for 
  5.33  community-based planning and the incentives and tools to 
  5.34  implement the plans. 
  5.35     Subd. 2.  [DUTIES.] The advisory council shall propose 
  5.36  legislation for the 1998 legislative session to establish the 
  6.1   framework to implement community-based planning.  The advisory 
  6.2   council shall: 
  6.3      (1) develop a model process to involve citizens in 
  6.4   community-based planning from the beginning of the planning 
  6.5   process; 
  6.6      (2) hold meetings statewide to solicit advice and 
  6.7   information on how to implement community-based planning; 
  6.8      (3) develop specific, measurable criteria by which plans 
  6.9   will be reviewed for consistency with the goals in section 
  6.10  4A.08, and approved by the office of strategic and long-range 
  6.11  planning; 
  6.12     (4) recommend a procedure for review and approval of 
  6.13  community-based plans; 
  6.14     (5) recommend a process for coordination of plans among 
  6.15  local jurisdictions; 
  6.16     (6) recommend an alternative dispute resolution method for 
  6.17  citizens and local governments to use to challenge proposed 
  6.18  plans or the implementation of plans; 
  6.19     (7) recommend incentives to encourage state agencies to 
  6.20  implement the goals of community-based planning; 
  6.21     (8) recommend incentives for local governments to develop 
  6.22  community-based plans, including for example, assistance with 
  6.23  computerized geographic information systems, builders' remedies 
  6.24  and density bonuses, and revised permitting processes; 
  6.25     (9) describe the tools and strategies that a county may use 
  6.26  to achieve the goals, including, but not limited to, densities, 
  6.27  urban growth boundaries, purchase or transfer of development 
  6.28  rights programs, public investment surcharges, transit and 
  6.29  transit-oriented development, and zoning and other official 
  6.30  controls; 
  6.31     (10) recommend the time frame in which the community-based 
  6.32  plans must be completed; 
  6.33     (11) consider the need for ongoing stewardship and 
  6.34  oversight of sustainable development initiatives and the 
  6.35  community-based planning process; and 
  6.36     (12) make other recommendations to implement 
  7.1   community-based planning as the advisory council determines 
  7.2   would be necessary or helpful in achieving the goals. 
  7.3      Subd. 3.  [MEMBERSHIP.] The advisory council consists of 22 
  7.4   members who serve at the pleasure of the appointing authority as 
  7.5   follows: 
  7.6      (1) two members of the majority caucus of the house of 
  7.7   representatives appointed by the speaker, and two members of the 
  7.8   minority caucus appointed by the minority leader; 
  7.9      (2) four members of the senate appointed by the committee 
  7.10  on rules and administration of the senate, two of whom shall be 
  7.11  members of the minority caucus; 
  7.12     (3) the commissioners, or their designees, of the 
  7.13  departments of natural resources, agriculture, transportation, 
  7.14  and trade and economic development, and the director, or the 
  7.15  director's designee, of the office of strategic and long-range 
  7.16  planning; 
  7.17     (4) the chair of the metropolitan council; 
  7.18     (5) four public members, appointed by the speaker of the 
  7.19  house of representatives; and 
  7.20     (6) four public members, appointed by the committee on 
  7.21  rules and administration of the senate. 
  7.22     The advisory council may form an executive committee to 
  7.23  facilitate the work of the council. 
  7.24     Subd. 4.  [CHAIR.] The advisory council shall select from 
  7.25  among its members a person to serve as chair. 
  7.26     Subd. 5.  [ADMINISTRATION.] The office of strategic and 
  7.27  long-range planning, with assistance from other state agencies 
  7.28  and the metropolitan council as needed, shall provide 
  7.29  administrative and staff assistance to the advisory council. 
  7.30     Subd. 6.  [EXPENSES.] The office of strategic and 
  7.31  long-range planning shall compensate members of the advisory 
  7.32  council.  Members shall receive per diem and expenses as 
  7.33  provided by Minnesota Statutes, section 15.059, subdivision 3.  
  7.34     Subd. 7.  [EXPIRATION.] This section expires June 30, 1998. 
  7.35     Sec. 10.  [CITATION.] 
  7.36     Sections 1 to 9 may be cited as the "Community-based 
  8.1   Planning Act." 
  8.2      Sec. 11.  [APPROPRIATIONS.] 
  8.3      Subdivision 1.  [PLANNING GRANTS.] $....... is appropriated 
  8.4   from the general fund to the director of the office of strategic 
  8.5   and long-range planning for planning grants to counties and 
  8.6   municipalities that elect to prepare community-based plans.  
  8.7   This appropriation is available beginning in fiscal year 1999 
  8.8   and remains available until expended. 
  8.9      Subd. 2.  [TECHNOLOGY GRANTS.] $....... is appropriated 
  8.10  from the general fund to the director of the office of strategic 
  8.11  and long-range planning for technology grants to counties and 
  8.12  municipalities that elect to prepare community-based plans.  
  8.13  This appropriation is available beginning in fiscal year 1999 
  8.14  and remains available until expended. 
  8.15     Subd. 3.  [ADVISORY COUNCIL.] $....... is appropriated in 
  8.16  fiscal year 1998 from the general fund to the director of the 
  8.17  office of strategic and long-range planning for compensation for 
  8.18  members of the advisory council under section 9, subdivision 6, 
  8.19  and administrative and staff expenses.  This appropriation is 
  8.20  available until expended. 
  8.21     Sec. 12.  [APPLICATION.] 
  8.22     Minnesota Statutes, section 473.1455, applies in the 
  8.23  counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
  8.24  Washington.