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Mr. Dennis Welsch <br />August 9, 2004 <br />Page 3 <br />advisory. Also out of those cases one finds the concept that comprehensive plans are meant to <br />serve as general guides to municipalities in setting zoning standards, and in future <br />development. It is those zoning standards which govern a board's decision when reviewing a <br />specific proposal. See, ~, Chanhassen Estates Residents Assn v. City of Chanhassen, 342 <br />N.W.2d 335 (Minn. 1984). A comprehensive plan is, under Minnesota law, intended to be <br />general in nature. See, e.g.,, C.R. Invs., Inc. v. Village of Shoreview, 304 N.W.2d 320 (Minn. <br />1981). <br />In contrast, official controls are the ordinances and regulations which control the <br />physical development of a municipality. Official controls may include ordinances establishing <br />zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official <br />maps. Official controls would be the regulations that not only govern physical development of <br />an entire area, but "any detail thereof'. They are said to "implement the general objectives of <br />the comprehensive plan". See Minn. Stat. § 462.352, subd. 15. An amendment to an official <br />control does not need any super majority. A majority vote of the governing body of the city is <br />sufficient. <br />Although case law in Minnesota does not give definitive guidance, it is the opinion of <br />the undersigned that any amendment to or supplement of the master plan for the Twin Lakes <br />development is not a change in the comprehensive plan. It is instead merely a retooling or <br />amendment of a site specific plan governing the development within the defined area of Twin <br />Lakes. In that sense it is akin to a planned unit development, in that it governs and allows for <br />planned development or redevelopment of a specific nature along lines that may or may not <br />incorporate characteristics of a number zoning districts. <br />A master plan is one form of planned development zoning. It is a modern concept <br />which seeks to meet current needs which permits adjustments to changing demands by <br />allowing a use which does not correspond to those permitted in any single type of district. See <br />Amcon Corp. v. City of Eagan, 348 N.W.2d 66 (Minn. 1984). In fact, the City of Roseville <br />has specifically adopted official controls for such districts by the designation of a B-6 Mixed <br />Use Business Park District, set forth in the code in Section 105.07. <br />Analytically, a master plan may be nothing more than a contract, or could be looked at <br />as a site specific "official control" which governs development in the area. Under either <br />analysis, it is not part of a comprehensive plan. Although not directly on point, the discussion <br />in Amcon Corp. v. City of Eagan, 348 N.W.2d 66 (Minn. 1984) would support that viewpoint. <br />I therefore do not believe that a change to the site specific master plan for the Twin <br />Lakes area is a change in the comprehensive plan. Nor do I believe that any change in the site <br />specific master plan for the Twin Lakes area necessitates an amendment to the comprehensive <br />