01/26/2004 Council Packet - Laserfiche WebLink

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Rezoning, Lake Drive /Aqua Lane page 3 473.865 Adoption; conflicts, amendment of controls, devices. Subdivision 1. Control copies to council. Each local governmental unit shall adopt official controls as described in its adopted comprehensive plan and shall submit copies of the official controls to the council within 30 days following adoption thereof, for information purposes only. Subd. 2. No conflict with plans. A local governmental unit shall not adopt any official control or fiscal device which is in conflict with its comprehensive plan or which permits activity in conflict with metropolitan system plans. Subd. 3. Amendments. If an official control conflicts with a comprehensive plan as the result of an amendment to the plan, the official control shall be amended by the unit within nine months following the amendment to the plan so as to not conflict with the amended comprehensive plan. The comprehensive plan was amended in 2002. The zoning ordinance is an official control. The zoning map is part of the zoning ordinance. The R -4 High Density zoning of the site conflicts with the Medium Density land use category in the comprehensive plan. Though this conflict was not corrected within nine months of the plan amendment, it does not remove the city's obligation to correct the conflict. The zoning ordinance lays out the process and criteria for a rezoning. SECTION 2. ADMINISTRATION Subd. 1. Administration: Amendments and Rezonings. In accordance with the provisions of Minnesota Statutes, the City Council may from time to time amend the Zoning Ordinance text or map (rezoning). Amendments may be initiated by City Council, Planning and Zoning Board, or property owner. The procedure for an amendment to the Zoning Ordinance or Zoning District Map (rezone) shall be as follows: E. The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgement shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. As explained above, the current R -4 High Density Zoning conflicts with the Medium Density land use category of the comprehensive plan. The purpose of the rezoning is to correct this inconsistency between the comprehensive plan and the zoning. State statute requires that official controls found to be in conflict with the comprehensive plan must be amended so as not to conflict.