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• CHAPTER 15 Minn.Stat.§462.355,subds.2 A comprehensive plan,while not required outside the seven-county and 3. metropolitan area, should be adopted before a zoning ordinance is adopted or amended.A comprehensive plan is adopted and amended by resolution by a Gold Nugget Dev..Inc.r,.City two-thirds vote of all of the members of the council. A hearing must be held of Monticello,2001 WL on the comprehensive plan. A notice of the time,place,and purpose of the 683488,C3-01-7(Minn.0. hearing must be published once in the official newspaper of the city at least App Jun. 19,2001). 10 days before the day of the hearing. Failure to follow the statutory procedures for the adoption of the plan invalidates the plan. Minn.Stat.§473.858. Under the Metropolitan Land Planning Act if a comprehensive municipal plan in the metropolitan area conflicts with the zoning ordinance, the zoning ordinance by law must be brought into conformance with the plan. Minn.Stat.§473.175. Comprehensive plans in the metropolitan area must be submitted to the Metropolitan Council for review for compatibility and conformity with City of Lake Elmo v. Metropolitan Council's regional system plans. When the Metropolitan Metropolitan Council,685 Council determines that a city's comprehensive land use plan may have a N W.2d 1 (Minn.2004). substantial impact on or contain a substantial departure from the Metropolitan Council's regional system plans,the Council has the statutory authority to require the city to conform to the Council's system plans. Minn.Stat.§462.357,subd.2 is The Municipal Planning Act used to include language providing that if the where the former language was comprehensive plan conflicts with the zoning ordinance, the zoning • located. ordinance supersedes the plan. This language was repealed in 1997, so the PTL,GCC v.Chisago County Act is now silent on the matter. A county board of commissioners could not Bd.ofComm'rs,656 N.W.2d deny a developer's application for preliminary plat approval based on the 567(Minn 2003). comprehensive plan as the plan served only as advisory guide for future development. A comprehensive plan can also assist with the coordination of other land use programs, and can serve as a basis to defend the legality and administration of zoning ordinances. For example, if a council follows the terms of a zoning ordinance that is based on a comprehensive plan,the council may deny approval of a plat that is inconsistent with the plan and ordinance. Additionally, a council may deny a request for re-zoning if it is inconsistent with the comprehensive plan. Courts often seem reluctant to substitute their judgment for that of a council when the council makes land use decisions consistent with a comprehensive plan. HANDBOOK FOR MINNESOTA CITIES is-7 This chapter last revised 12/15/2004