HF 3126

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to public administration; repealing certain 
  1.3             laws relating to community planning; amending 
  1.4             Minnesota Statutes 1997 Supplement, sections 394.24, 
  1.5             subdivision 1; 462.352, subdivisions 5 and 6; and 
  1.6             462.357, subdivision 2; repealing Minnesota Statutes 
  1.7             1997 Supplement, sections 4A.08; 4A.09; 4A.10; 
  1.8             394.232; 462.352, subdivision 18; 462.3535; and 
  1.9             473.1455; Laws 1997, chapter 202, article 4, sections 
  1.10            13, 14, 15, 16, 17, 18, 19, 20, 21, and 22. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.13  394.24, subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [ADOPTED BY ORDINANCE.] Official controls 
  1.15  which shall further the purpose and objectives of the 
  1.16  comprehensive plan and parts thereof shall be adopted by 
  1.17  ordinance.  The comprehensive plan must provide guidelines for 
  1.18  the timing and sequence of the adoption of official controls to 
  1.19  ensure planned, orderly, and staged development and 
  1.20  redevelopment consistent with the comprehensive plan.  
  1.21     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  1.22  462.352, subdivision 5, is amended to read: 
  1.23     Subd. 5.  [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive 
  1.24  municipal plan" means a compilation of policy statements, goals, 
  1.25  standards, and maps for guiding the physical, social and 
  1.26  economic development, both private and public, of the 
  1.27  municipality and its environs, including air space and 
  1.28  subsurface areas necessary for mined underground space 
  2.1   development pursuant to sections 469.135 to 469.141, and may 
  2.2   include, but is not limited to, the following:  statements of 
  2.3   policies, goals, standards, a land use plan, including proposed 
  2.4   densities for development, a community facilities plan, a 
  2.5   transportation plan, and recommendations for plan execution.  A 
  2.6   comprehensive plan represents the planning agency's 
  2.7   recommendations for the future development of the community.  
  2.8      Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  2.9   462.352, subdivision 6, is amended to read: 
  2.10     Subd. 6.  [LAND USE PLAN.] "Land use plan" means a 
  2.11  compilation of policy statements, goals, standards, and maps, 
  2.12  and action programs for guiding the future development of 
  2.13  private and public property.  The term includes a plan 
  2.14  designating types of uses for the entire municipality as well as 
  2.15  a specialized plan showing specific areas or specific types of 
  2.16  land uses, such as residential, commercial, industrial, public 
  2.17  or semipublic uses or any combination of such uses.  A land use 
  2.18  plan may also include the proposed densities for development. 
  2.19     Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  2.20  462.357, subdivision 2, is amended to read: 
  2.21     Subd. 2.  [GENERAL REQUIREMENTS.] At any time after the 
  2.22  adoption of a land use plan for the municipality, the planning 
  2.23  agency, for the purpose of carrying out the policies and goals 
  2.24  of the land use plan, may prepare a proposed zoning ordinance 
  2.25  and submit it to the governing body with its recommendations for 
  2.26  adoption.  Subject to the requirements of subdivisions 3, 4, and 
  2.27  5, the governing body may adopt and amend a zoning ordinance by 
  2.28  a two-thirds vote of all its members.  The plan must provide 
  2.29  guidelines for the timing and sequence of the adoption of 
  2.30  official controls to ensure planned, orderly, and staged 
  2.31  development and redevelopment consistent with the plan.  If the 
  2.32  comprehensive municipal plan is in conflict with the zoning 
  2.33  ordinance, the zoning ordinance supersedes the plan.  
  2.34     Sec. 5.  [CANCELLATION.] 
  2.35     The unspent and unencumbered portion of the following 
  2.36  appropriations enacted in 1997 to the office of strategic and 
  3.1   long-range planning are canceled:  for community-based planning; 
  3.2   for the advisory council on community-based planning; for 
  3.3   planning grants to counties, joint planning districts, and 
  3.4   municipalities; for technology grants to counties or joint 
  3.5   planning districts; for a grant to a joint powers board in the 
  3.6   counties of Benton, Sherburne, and Stearns, and the cities of 
  3.7   St. Cloud, Waite Park, Sartell, St. Joseph, and Sauk Rapids for 
  3.8   the purposes of joint planning; and for grants to additional 
  3.9   counties or joint powers boards to participate in 
  3.10  community-based planning pilot projects. 
  3.11     Sec. 6.  [REPEALER.] 
  3.12     Minnesota Statutes 1997 Supplement, sections 4A.08; 4A.09; 
  3.13  4A.10; 394.232; 462.352, subdivision 18; 462.3535; and 473.1455; 
  3.14  and Laws 1997, chapter 202, article 4, sections 13, 14, 15, 16, 
  3.15  17, 18, 19, 20, 21, and 22, are repealed. 
  3.16     Sec. 7.  [EFFECTIVE DATE.] 
  3.17     Sections 1 to 6 are effective the day following final 
  3.18  enactment.