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Members of the Planning Commission 5 September 1984 CITY OF MOUNDS VIEW Page 2 With this situation in mind, we must turn to a discussion of which of the City's official controls should govern the use of this parcel. Clearly, this determination involves an understanding of planning and zoning law and the relationship between planning and zoning. While we are not attorneys and the City may very well want to consult with your City Attorney, I will give you my opinion on this question, as I understand the facts in this case. First of all it is appropriate to review the nature and extent of cities authority in the regulation of private activity of land within their corporate limits. State enabling legislation provides local governments with the authority to develop and enforce a zoning ordinance and other official controls (subdivision regulations, building codes, etc.). It is generally held that the authority which cities have to restrict private activity is limited to the enforcement of its official controls. As long as there is some rational basis for the standards set forth in these controls, cities have wide discretion in zoning matters. The law is also very clear in stating that the City's zoning ordinance must be consistent with its comprehensive plan. To summarize, state law provides cities with the authority to zone, but also clearly gives them the affirmative responsibility to zone in accordance with their comprehensive plan. In other words, the rational for the zoning restrictions should be found in the plan. The Metropolitan Land Planning Act also contains a clause in its Implementation Section which mandates that local governments change their zoning ordinance and other official controls to cenform with their comprehensive plane within nine months of the date of adoption of said plans. As you know, the City of Mounds View has not yet chosen to change its zoning to bring it in conformance with the Comprehensive Plan. Your city is by no means the only metropolitan city which hasn't, but it is a relevant point none the less. State law also empowers local governments with the authority to establish moratoriums, to prohibit development over a finite period of time, while studies are completed and the necessary changes are made in their official controls, to avoid development which is deemed contrary to their goals and objectives. Again, the city has an affirmative responsibility to cite the necessary findings and establish the moratarium. The same state law which empowers cities with the authority to plan and zone, sets forth limits to the amount of time which cities can take in the review of applications. Planning commissions are givon 90 days from the date of application, to forward a recommendation to the city council. If after this time has elapsed, the planning commission has not arrived at a recommendation, the applicant can request a place on the city council agenda without planning commission input. As you know, this application was accepted on May 31, and no action has been taken yet.