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CC_Minutes_2004_0524
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Roseville City Council
Document Type
Council Minutes
Meeting Date
5/24/2004
Meeting Type
Regular
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<br />Page 9 of 10 <br /> <br />including zoning and subdivision ordinances. See id. SS .22, subd. 6; .24, subd. I. The role of the <br />comprehensive plan is different from that of official controls. The comprehensive plan is "the guide <br />for the future development of the county." [d. S .22, subd. 9. It contains "the policies, statements, <br />goals, and interrelated plans for private and public land and water use, transportation, and community <br />facilities." [d. It also contains recommendations for its execution. [d. Official controls, by contrast, <br />"are the means of translating into ordinances all or any part of the general objectives of the <br />comprehensive plan." [d. S .22, subd. 6. <br /> <br />The comprehensive guide plan adopted by the Chisago County Board of Commissioners similarly has <br />an advisory role that is different from that of the official controls embodied in the zoning and <br />subdivision ordinances. The preamble to the comprehensive guide plan defines the plan as a "policy <br />guide" intended to be "general in nature" and to "serve as a growth management tool for the County." <br />Chisago County, Minn., Comprehensive Guide Plan, at ii (1995). The preamble defines zoning and <br />subdivision ordinances as the tools for implementing the goals and policies of the comprehensive <br />guide plan. [d. (providing that "[ilmplementation of the plan will be accomplished through. . . the <br />County's zoning and subdivision ordinances"). The county's subdivision ordinance, in turn, provides <br />that the ordinances are "the means by which the county controls the land use outlined in the <br />Comprehensive Guide Plan." Chisago County, Minn., Subdivision Ordinance, at i. <br /> <br />**7 In denying preliminary-plat approval based on the conclusion that the proposed plat was <br />inconsistent with the comprehensive guide plan, the board of commissioners failed to recognize the <br />uniquely advisory role of the comprehensive guide plan and elevated it to the stature of the zoning <br />and subdivision ordinances, both of which have the force of law. This constituted error for the <br />following reasons. <br /> <br />*575 First, giving the comprehensive guide plan regulatory effect ignores the statute, the subdivision <br />ordinance, and the comprehensive guide plan itself, all of which define the plan as a policy guide to <br />be implemented by official controls. A majority of jurisdictions treat comprehensive plans as <br />advisory, notwithstanding ordinance provisions, such as the one before us, requiring that the <br />subdivision of land be "consistent with" or "in accordance with" a comprehensive plan. Cf Stuart <br />Meck, The f&;!islative Requirement that ZoninfJ and Land Use Controls be Consistent with an <br />Indeoendentlv Adopted Coml2rehensive Plan: A Model Statute. 3 Wash. U. J.1. & Pol'v 295.297-306 <br />(2000) (noting that despite the widespread adoption of the "consistently with" or "in accordance with" <br />language in enabling acts, amajority of states treat comprehensive plans as advisory). <br /> <br />Llill Second, elevating the comprehensive guide plan to the level of zoning and subdivision <br />ordinances ignores the stated purpose of the comprehensive guide plan, which is merely to guide the <br />board in setting zoning standards. It is those zoning standards, implicit in the zoning and subdivision <br />ordinances, that govern the board's decision making when reviewing a specific proposal. The zoning <br />provisions at issue here permit the use of agricultural land for single-family dwellings at a maximum <br />density of one dwelling per five-acre lot. See Chisago County, Minn., Zoning Ordinance S 5.06(B) <br />(I 0). The standards established in the zoning ordinance are conclusive until the board rezones the <br />district or amends the zoning ordinance through proper legislative channels. See Chanhassen Estates. <br />342 N.W.2d at 340. <br /> <br />Third, even if the comprehensive guide plan had the force of law, its provisions are "intended to be <br />general in nature" and are thus legally insufficient as a basis for denying an application for <br />preliminary-plat approval. See Comprehensive Guide Plan, at ii; C.R. Invs" Inc., 304 N.W.2d at 327- <br />~~ (holding that provision in comprehensive plan requiring developer to demonstrate that proposed <br /> <br />. .ldelivery.htm]?dataid~A00558000000419 I 0003939398B92C3E6DED02C543&dest~alp&f 3/25/2003 <br />
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