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06-11-1995CITY Of RIOHFIELD ruimin6 commission nGEnDF1 July 11, 1995 Study Session -- 7:00 p.m. I'c l ( (+•1 l l Comprehensive Plan Review of Process and Status Description of Issues and Values Organization and Outline of Plan Reminder: The Planning Commission Study Session will be held at the Water Plant in the main conference room. D R A F T `95 comprehensive plan update 7/4/95 the 1995 comprehensive plan OF THE CITY OF RICHFIELD, MN THE BRAUER GROUP, INC .......................... ............................... ...........................PAGE 1 D R A F T `95 comprehensive plan update 7/4/95 Table of Contents VOLUME ONE .. ......................Executive Summary 1.0 PART ONE .. .......................Abstract 1.1 Authority 1.2 Purpose /Scope 1.3 Process 1.4 Participants /Acknowledgments = 1.5 Document Format 2.0 PART TWO ..... .....................Background and Analysis 2.1 Scope and Procedures 2.2 History of the Community 2.3 Planning in Richfield 2.4 Existing Planning Conditions a. Regional Context b. Community Context 2.5 Community Values 2.6 Community Goals and Objectives 2.7 Planning Sub -Areas 3.0 PART THREE ......................95 Plan Elements 3.1 Land Use and Density 3.2 Parks and Open Space 3.3 Urban Infrastructure 3.4 Economics /Fiscal 3.5 Subarea Plans 4.0 PART FOUR ...... .................Implementation 4.1 Annual Plan Review Process and Schedule 4.2 Revise Zoning to Conform to Plan 4.3 Revise Development Review Procedures 5.0 PART FIVE ... ......................Supporting Documentation 5.1 Demographic Detail 5.2 Process Description and Data 5.3 Other Supporting Documentation THE BRAUER GROUP, INC .......................... ............................... ...........................PAGE 2 D R A F T `95 comprehensive plan update 7/4/95 VOLUME TWO ..............Background and Analysis 1.0 PART ONE .....................Scope and Procedures 1.1 Scope of The Analysis 1.2 Process and Procedures 2.0 PART TWO ....................Community History 2.1 "Richland" 2.2 Post WW2 Boom _ 2.3 1970 to Present 3.0 PART THREE .................Planning in Richfield 3.1 "701" Comprehensive Planning 3.2 The 1982 Plan Update 3.3 The 1995 Plan Update Process 4.0 PART FOUR ...................Existing Planning Conditions 4.1 Regional Context 4.2 Community Context a. Land Use and Occupancy b. Demographics c. Infrastructure d. Zoning and Building Regulations e. Economics and Fiscal 5.0 PART FIVE .....................Community Values 5.1 Community Values 6.0 PART SIX .. ......................Community Goals and Objectives 6.1 Community Goals and Objectives 7.0 PART SEVEN ..................Planning Subareas Defined 7.1 Lyndale - Hub - Nicollet 7.2 West 66th Street Corridor 7.3 Penn /66th 7.4 1 nterstate *Lyndale *N icol let 7.5 Cedar Avenue Corridor 7.6 Portland Avenue Corridor 7.7 Penn Avenue Corridor 7.8 Nicollet Avenue Corridor THE BRAUER GROUP, INC .......................... ............................... ...........................PAGE 3 D R A F T `95 comprehensive plan update 7/4/95 7.9 1-494 Corridor VOLUME THREE ...............The `95 PLAN Elements 1.0 PART ONE .... ...........................Land Use and Density 1.1 Residential 1.2 Commercial 1.3 Industrial 1.4 Office 1.5 Public and Quasi - Public 2.0 PART TWO ..... ..........................Parks and Open Space 2.1 Adopt a System Plan 2.2 Open Space Reource / /Urban Shaping Policies 2.3 Special Recreation and Park Facilities 2.4 Improve Existing Parks and Facilities 2.5 Shift Recreation Programs to Adults 3.0 PART THREE .. ..........................Urban Infrastructure 3.1 Water Supply, Treatment, and Distribution System 3.2 Sanitary Sewerage 3.3 Urban Stone Drainage Systems 3.4 Street and Alley System 3.6 Public Safety Systems 3.7 Other Public Facilities and Systems 4.0 PART FOUR ............... ...............Economics /Fiscal 4.1 An Economic Basis For Planning 4.2 Five -Year Development Investment Capital Budget 5.0 PART FIVE ........ ........................Subarea Plans 5.1 Lyndale, Hub, Nicollet (LHN) 5.2 West 66th Street Corridor 5.3 Penn /66th 5.4 1 nterstate *Lyndale *N icol let 5.5 Cedar Avenue Corridor 5.6 Portland Avenue Corridor THE BRAUER GROUP, INC .......................... ............................... ...........................PAGE 4 D R A F T 5.7 Penn Avenue Corridor 5.8 Nicollet Avenue Corridor 5.9 1-494 Corridor 95 comprehensive plan update 7/4/95 VOLUME FOUR..... Development Guide Workbook to be prepared after the Plan has been completed and adopted) 1.0 PART ONE .. .........................ANNUAL PLAN REVIEW 3.1 Adopt Annual Plan Review Process 1.0 PART TWO ....... ..................REVISE /UPDATE ZONING 1.1 Amend Zoning Ordinance and Map to Conform to Plan Proposals 2.0 PART THREE ... ....................DEVELOPMENT REVIEW 2.1 Review and Revise Development Review Policies and Procedures VOLUME FIVE ........... Supporting Documentation 1.0 PART ONE ...............COMMUNITY DEMOGRAPHIC DETAIL 2.0 PART TWO .................PROCESS DESCRIPTION AND DATA 3.0 PART THREE...... OTHER SUPPORTING DOCUMENTATION THE BRAUER GROUP, INC .......................... ............................... ...........................PAGE 5 D R A F T `95 comprehensive plan update 7/4/95 VOLUME ONE .... ......................Executive Summary 1.0 PART ONE ............... .......................abstract 1.1 AUTHORITY.... for preparation of this 1995 Update of the City of Richfield Comprehensive Plan is found in a resolution of the City Council that appointed a 15 member STEERING COMMITTEE, and directed staff to assist the committee with research, documentation and draft proposals for consideration. _ 1.2 PURPOSE .... of the Comprehensive Plan Update is to revise and update the 1982 Comprehensive Plan Document so that it can be appropriate and useful as a tool to be used by the City Planning Commission, Council, and staff as they review public and private development proposals within the City. SCOPE of the investigation and planning proposals includes all of the subject headings in the 1982 Plan Document, seven additional special subarea studies, and the results of the community v2:1-1es and goals setting process. 1.3 PROCESS for planning began with a review of the history of the City, the record of planning by and for the community, a complete description. of existing demographic and physical conditions in the City and the metro /regional factors affecting planning for the City. A set of community planning values were developed to serve as a basis for planning goals and objectives. 1.4 PARTICIPANTS in the planning process included the City Council, Planning Commission, Community Services Commission, Housing and Redevelopment Authority Board, Social Services Planning Council, Board of Education, Chamber of Commerce, Vision 2000, the City Manager, Division Managers and other key employees, and citizens of Richfield through their critique and input. 1.5 DOCUMENT FORMAT is constructed in five volumes, each of which is presented in summary form, except for VOLUME FIVE, Supporting Documentation where all of the supporting detail is recorded for reference. VOLUME ONE is the Executive Summary. VOLUME TWO is Background and Analysis, VOLUME THREE, describes the `95 Plan Elements, and VOLUME FOUR will be the Development Guide Workbook to be used as a working tool for shaping public development projects and evaluating private proposals. THE BRAUER GROUP, INC .......................... ............................... ...........................PAGE 6 DR A F T '95 comprehensive plan update 7/4/95 EXECUTIVE SUMMARY (continued) 2.0 PART TWO ............. .....................Background and Analysis 2.1 SCOPE ...... of the investigations and research to document the background and analysis included: History ...... review of all available written documentation Planning... review of all available written documentation Existing Conditions.... 1990 census data and City records Community Values..... steering committee interviews /workshops Goals and Obiectives ... steering committee interviews /workshops Planning Subareas..... historic and current City delineations PROCEDURES ...... began with selection of steering committee members from the City council, planning commission, staff, social services planning council, Chamber of Commerce, School Board and district, and Vision 2000, in order to provide a broad and comprehensive community perspective. Committee members toured to City as a group, and each member studied a specific area or land use using photos and notes to convey ideas to the committee. Formal and informal discussions and workshop sessions formulated the values, goals and objectives basis for the plan proposals. Plan drafts were reviewed by the committee, Commissions, staff, and represented interest groups. Formal and informal public presentations and hearings were open to the public, and comments from the public were reviewed and considered in the final plan. 2.2 HISTORY ... of the City can be described in four phases...... beginning with the RURAL phase in the 1850's as a large area called "Richland" that was reduced to the rectangular area of the City today by a series of annexations up to the 1920's ....................when "Richfield", still predominantly rural, entered the SUBURBAN phase as the first Minneapolis suburb in the 30's and 40's ............ getting ready for the post WW2 BOOM phase that persisted through the 50's and 60's until until the peak population of 47,000 was reached in 1970 ..............and finally the current MATURE FIRST -RING SUBURB that exists today. 2.3 PLANNING ....... comprehensive planning began in the early 70's with a federally funded "701 Plan" that proposed policies to maintain and rehabilitate the predominantly residential nature and image of the City. Ten years later, the "1982 Plan Update" was completed in order to meet the requirements of the Metro Council directives. The `82 plan again emphasized residential rehabilitation, but also proposed multiple THEBRAUER GROUP, INC .......................... ............................... ...........................PAGE 7 D R A F T '95 comprehensive plan update 7/4/95 EXECUTIVE SUMMARY (2.3, continued) dwelling developments to maintain a more stable population. The plan extensive also proposed extensive redevelopment of the major commercial area (Lyndale-H ub-N icol let) LHN. Dramatic change, both within and from outside the community combine to make the '82 plan of little use or value in meeting the needs of the '90's in Richfield, and thus the need for a '95 plan update. 2.4 EXISTING CONDITIONS. a) Regional Context....... can best be described under the heading of TRANSPORTATION. Richfield is surrounded and bisected by four major metro freeways, and is bounded on the east by the metro airport. Airport noise (with uncertain future), and traffic congestion offset the exceptional access that these facilities provide to City residents and businesses. The 1494 corridor is the second largest employment center in the metro area, and the Mall of America attracts more visitors than any commercial facility in the metro area, providing dynamic forces that will be important support elements for economic development in the City of Richfield. While the regional forces continue to be major forces acting on the community, economic, political, and policy support and direction from metro and state agencies will most likely continue to diminish. b) Community Context....... describes a community quite typical of the other first -ring Minneapolis suburbs, except for the largely residential character. Some of the important changes that have taken place since the '82 Plan include: population declined by 8% non whites increased from under 2% to over 6% residents with college education doubled sales and management were the top two occupations replacing clerical and professional the 1-494 strip became the second largest employment area, and the Mall of America became the largest retail complex in the region. non family households growth exceeded family households growth by 50% land use remained essentially the same housing costs declined relative to metro area costs many infrastructure improvements were completed median personal incomes grew faster than the metro average. city financial ratings and conditions improved THE BRAUER GROUP, INC .......................... ............................... ...........................PAGE 8 D R A F T `95 comprehensive plan update 7/4/95 EXECUTIVE SUMMARY (continued) 2.5 COMMUNITY VALUES ......... were identified and catagorized by the Steering Committee based on interviews, photo tours and workshop sessions. Categories resulted from common themes as follows: a. Community Character /Image sense of community prosperous community small town feeling overhead utilities impact of freeways visual landscape... particularly at City gateways attractive commercial streets and landscaped boulevards improve appearance and use of multiple dwellings parks, open space, and attractive private land uses b. Land Use /Economy diverse, compatible land uses in commercial developments economic growth from strong commercial developments encourage development of small business districts improve financial condition of the community to support provision of public and private services redevelop the 1494 corridor support and maintain property values useable comprehensive plan with clear definitions competitive tax base minimize (optimize) parking lot use /space support continued use and improvement of current airport c. Public Facilities and Services good government sound education system effective public safety system reduced air pollution population balance to support school system code enforcement volunteerism d. Housing preservation of strong neighborhoods redevelopment of diverse housing stock new homes program e. Transportation balance in high and low traffic areas high speed bus improve freeway system community bike routes THE BRAUER GROUP, INC .......................... ............................... ...........................PAGE 9 D R A F T `95 comprehensive plan update 7/4/95 EXECUTIVE SUMMARY (continued) 2.6 COMMUNITY GOALS....... were developed by the Steering Committee based on the values and issues developed earlier. The Committee first listed broad concepts and then grouped them in five categories for presentation. In this summary, goals are numbered.(G1, etc.), and supporting objectives are listed under each goal (0), community wide G1 Preserve those elements that contribute to and enhance the small town character and community identity 0 redevelop housing supply to meet diverse needs while maintaining the integrity of existing neighborhoods. encourage community participation in order to reinforce a sense of community ownership and belonging continue municipal investment that enhances community identity. 0 preserve historical, natural, and cultural resources G2 Maintain and enhance Richfield's image as a distinct and livable community. maintain and provide quality amenities and a safe living environment for all residents. advocate a high quality visual environment throughout the City and within major transportation corridors. encourage and support a diversity of compatible land uses that are accessible and responsive to the needs of Richfield. G3 Provide an economic climate within Richfield that will ensure the availability of quality goods, services, and employment for all. O encourage business growth 0 encourage and support development of strong commercial districts that respect the values and standards of the citizens of Richfield. 0 encourage the development of viable and responsive neighborhood commercial services. G4 Encourage and facilitate preservation and development of a transportation infrastructure that provides a high degree of accessibility for destinations in and around Richfield. encourage development and preservation of transportation connections with neighboring communities. encourage development and use of alternative methods of transportation promote Richfield's locational advantage within the greater metro area. O reinforce pedestrian and bike facilities that are safe and accessible. THE BRAUER GROUP, INC ............................................ ............................... .........PAGE 10 D R A F T '95 comprehensive plan update 7/4/95 EXECUTIVE SUMMARY (2.6,G4, continued) O promote transit sensitive development econ dev'ment G5 To promote diverse development that will broaden the tax base while reinforcing the residential character of Richfield. O promote development that can support itself and broaden the tax base. O manage development in a manner that will not harm the residential character of Richfield. O create commercial districts that sustain specific types of development that stabilize the economic base. O encourage diverse, high quality development that meets the needs of all residents. transportation G6 To expand the existing transportation system so as to improve accessibility and the quality of life for all Richfield residents. O neutralize impact on residential areas by focusing on accessibility. O strengthen coordinated transportation efforts with other communities /metro area that enhance and reinforce the locational advantages of Richfield. O pursue improved system services to increase flexibility and access. O address parking and highway use through travel demand management (TDM) and other means to reduce congestion. O continue to consider the role of the existing airport in the metro area and Richfield, working with the federal agencies to provide a quality living environment for those residing near the airport. G7 Emphasize and encourage alternate forms of transportation. enviro G8 To achieve a standard of land use that is reflective of the small town character of Richfield. O consider Richfield's role in the metro area when developing policy for land use. develop standards for land use that are neighborhood oriented in character. promote the development of housing stock that is available to all income levels. support commercial land use that is diverse and responsive to its context and the socio /economic needs of Richfield. O maximize the use of existing structures for community needs O minimize the impacts of parking G9 Continue to provide high quality parks and open space that are available on a neighborhood and community wide basis. THE BRAUER GROUP, INC .......................... ............................... ...........................PAGE 11 D R A F T `95 comprehensive plan update 7/4/95 EXECUTIVE SUMMARY (2.6, continued) human enviro G10 To improve the quality of life in Richfield by addressing environmental and visual resources promote improvement of environmental elements (water quality) that can enhance the image of Richfield reduce residual noise and air pollution that can harm the health and safety of Richfield residents. address means to improve the visual quality throughout the city, concentrating on design districts and transportation corridors, beginning with land use coordination. provide environmental standards that will be consistent with the needs of the next decade, and reinforce the city's image as a sustainable and environmentally sensitive city. minimize the environmental impacts of parking. natural enviro G11 Recognize the value of the urban forest to the community by developing policies that will preserve existing urban forest, and encourage its continued growth. O develop policies that will encourage =--° urban forestry approach to energy conservation. O continue to encourage a diversity of tr &e species that will prevent depletion of urban trees from disease. O develop policies and construction specifications that will not damage or destroy existing urban forest canopy. G12 Ensure preservation of a level of high water quality by reducinq the use of pesticides and chemical turf treatments that contribute to water pollution. infrastructure G13 To create an infrastructure that responds to the needs of the next decade. O promote infrastructure improvements that are responsive to and appropriate for existing and future needs. O promote an infrastructure that is efficient and high quality. G14 Assure the long term maintenance and eventual replacement of infrastructure. G15 Promote an infrastructure that ensures environmental soundness. G16 Reduce visual and phvF- t- al clutter by burning all new and replacement infrastruc-::. utilities. 2.7 PLANNING SUB AREAS........ have been defined by prev! w -,s studies, HRA planning, TIF defined areas, and experience. The sub areas (see exhibits following) specifically addressed in this Plan are: a. Lyndale- Hub - Nicollet (LHN) b. West 66th Street Corridor THE BRAUER GROUP, INC .......................... ............................... ...........................PAGE 12 D R A F T '95 comprehensive plan update EXECUTIVE SUMMARY (2.7, continued) c. Penn -66th d. I nterstate-Lyndale-N icol let (LHN) e. Cedar Avenue Corridor f. Portland Avenue Corridor g. Penn Avenue Corridor h. Nicollet Avenue Corridor I. 1-494 Nicollet to Cedar 3.0 PART THREE ...... ............................'95 Plan Elements 7/4/95 3.1 LAND USE AND DENSITY........ a. RESIDENTIAL .... should remain the dominant land use, and density should be increased in order maintain or increase current population levels upgrade substandard single and multi family housing encourage multiple housing that will attract young people integrate low density multiple into single family neighborhoods encourage new duplex construction in transition areas scatter medium and high density multiple dwellings within the redeveloped regional and community commercial areas. b. COMMERCIAL ........ (regional) areas should be upgraded and modernized in order to compete, while new community and/or neighborhood commercial development should be encouraged in the east 66th street corridor and the 1 -494 East corridor. Other commercial plan proposals include: convert all industrial uses to commercial by redevelopment encourage commercial redevelopment through publicly financed infrastructure improvements that will upgrade the commercial environment and expeditious public approval procedures. reinforce existing, and create new well defined boundaries for all commercial developments, and provide transitional use areas that will protect and improve adjacent residential areas. promote development of neighborhood service commercial facilities c. INDUSTRIAL ....... uses such as manufacturing, processing, and assembly should be limited to the New Ford Town area and the balance of the land along the east side of Cedar Avenue that is incorporated into future airport development. Existing industrial uses and zoning should be converted to commercial or transitional uses through the use of incentives and area redevelopment planning. THE BRAUER GROUP, INC .......................... .....................:......... ...........................PAGE 13 D R A F T '95 comprehensive plan update 7/4/95 EXECUTIVE SUMMARY (3.1, continued) d. OFFICE........ uses should be encouraged in the entire 1-494 corridor and within the LHN regional commercial redevelopment as well. e. PUBLIC AND QUASI - PUBLIC.......... including churches, clubs, libraries, public buildings, schools, parks, and recreation areas and facilities that are NOT part of the urban infrastructure should be properly identified in the Plan, and properly zoned during the implementation process. 3.2 PARKS AND OPEN SPACE....... will mature physically, and programatically as cultural and community elements are added to the system. Plan proposals include: a. adopt a "System Plan9 as a guide to balancing recreation, culture, ornamentation, and conservation elements. update a well documented inventory of park sites and facilities encourage retention of private and quasi public open space adopt development investment priorities for existing and proposed new park sites b. open space resource /urban shaping policies should: require bike /hike and landscape screening in all freeway row acquire the MNS railroad row for a bike /hike corridor develop open space /cultural resources in all redevelopment projects develop an internal, off - street bike /hike corridor system improve storm water holding ponds as open space assets c. special facilities should be maintained and improved, including: add community activities structure to the Arena/Pool complex acquire the Ft. Snelling golf course or add 9 holes to Rich Acres add historic and cultural interpretation to the Wood Lake Nature Center program. upgrade the pool to become a leisure water recreation complex d. improve and expand all 28 parks and playfield sites. e. continue to shift recreation programs to adult activities 3.3 URBAN INFRASTRUCTURE.......is a critical element in building a positive community image ", one that requires continuous maintenance and replacement on a systematic basis, including: a. water supply, treatment, and distribution system renovations and improvements (insert summary of current plan) b. sanitary sewerage collection and transportation system upgrades insert summary of current plan c. urban storm drainage system plan proposals (insert summary of current plan) THE BRAUER GROUP, INC .......................... ............................... ...........................PAGE 14 D R A F T '95 comprehensive plan update 7/4/95 EXECUTIVE SUMMARY (3.3 continued) d. street and alley system plan (insert summary of current plan) e. public safety facilities and capital equipment (insert summary of current plan) f. gas and electric power franchise status and plans (insert summary of current plans) g. public transit infrastructure (insert summary of current plans) h. public and private schools and libraries (insert summary of current plans) 3.4 ECONOMICS/FISCAL ......... planning must recognize the trend toward less state and federal funding, while at the same time the need for more public funds for capital and operating budgets in a maturing community. The '95 Plan proposals include: a. study and evaluate all fees and charges for public services to see that revenues cover the full costs of services and all supporting infrastructure maintenance and reserves, and propose grant or subsidy policies to respond to the needs of special groups or populations b. study and evaluate privatization options for public functions that are fully or partially funded with tax revenues. c. enlarge and extend tax increment financing districts to encourage development and redevelopment that increases tax base. d. adopt industrial revenue bonding procedures to finance private development that increases tax base. e. continue to use revenue and general obligation bonds to finance public facility capital improvement programs 3.5 SUBAREA PLANS......... cover nine specific segments of the city that have particular planning needs that require more detail. These areas were defined and described in VOLUME TWO, PART SEVEN, and the following '95 Plan recommendations are proposed: a. LYNDALE - HUB- NICOLLET..... b. WEST 66TH STREET CORRIDOR........ c. PENN /66TH........... d. INTERSTATE - LYNDALE- NICOLLET e. CEDAR AVENUE CORRIDOR f . PORTLAND AVENUE CORRIDOR g. PENN AVENUE CORRIDOR h. NICOLLET AVENUE CORRIDOR I. 1-494 CORRIDOR (except ILN) THE BRAUER GROUP, INC .......................... ............................... ...........................PAGE 15 D R A F T `95 comprehensive plan update 7/4/95 EXECUTIVE SUMMARY (continued) 4.0 PART FOUR ............ .................Implementation 4.1 ANNUAL PLAN REVIEW ................schedule staff report and work session 4.2 REVISE ZONING ......................to conform to adopted '95 Plan 4.3 REVISE DEVELOPMENT REVIEW Pr JCEDURES.......to reflect'95 Plan 5.0 PART FIVE ........ ......................Supporting Documentation 5.1 DEMOGRAPHIC DETAIL 5.2 PROCESS DESCRIPTION AND DATA 5.3 OTHER SUPPORTING DOCUMENTATION THE BRAUER GROUP, INC .......................... ............................... ...........................PAGE 16 The measure clarifies a 1994 law that al- lowed for an audit once every five years for some smaller cities and towns. That law, however, did not specify whether each of the years in the five -year period, or only one year chosen at random, had to be audited. The new law, effective March 30, 1995, clarifies that auditors or accountants will audit only one year, chosen at random, for each five -year period. Prior to the 1994 law change, towns and cities — regardless of size — had to be audited by the state auditor or a public ac- countant every year. The measure was sponsored by Rep. Roger Cooper (DFL -Bird Island) and Sen. Dallas Sams (DFL - Staples). HF305 */SF265/CH27 METRO AFFAIRS Status quo for Met Council pay The Metropolitan Council could not use money from the sale of bonds to buy uni- forms for bus drivers, under a bill now being considered by the governor. The proposal was given House approval May 22. The vote was 109 -55. It passed the Senate the same day, 55 -9. The bill makes mostly technical changes to the council and its operations, but also says uniforms are not to be considered a capital expenditure. Without the provision, $750,000 could have been spent to buy new uniforms for the more than 1,000 Metropolitan Council Tran- sit Operations (formerly MTC) bus drivers. The bill also deletes from current law a requirement that the council submit salary recommendations for council members to the Legislature. The House voted overwhelmingly (106- 20) to cut council salaries this year. The vote was to slash the salary for the chair of the Metropolitan Council from $52,500 per year to $29,657 — the same pay lawmakers re- ceive. And it would have trimmed Metropoli- tan Council members' salaries from $20,000 per year to $6,000. The cuts were removed during conference committee negotiations. The bill was sponsored by Rep. Myron Orfield (DFL -MpLs) and Sen. Carol Flynn DFL- Mpls). HF585 /SF281 */CH236 I* Better metro planning A new state law is intended to Za better coordinate planning and development across the Twin Cit- 5. ies metropolitan region. atl" Effective Aug. 1, 1995, cities, counties, and towns within the seven - county metropolitan area must review and update their comprehensive plans by December 1998. Each will then have to re- peat the process every 10 years. (The final plans are then to be submitted to the Metro- politan Council.) A comprehensive plan serves as a develop- ment and planning blueprint for a local gov- ernment. Plans include a section stating how the governments planned land use and its urban services, such as sewer service, would affect adjoining communities. The law will not allow local governments to adopt zoning ordinances which conflict with their comprehensive plans. The zoning guide laid out in the plans, however, can be amended by a two-third majority vote of the local governmental unit's governing body. Currently, if a government's zoning ordi- nance differs from its comprehensive plan, the zoning ordinance supersedes the plan. The measure was sponsored by Rep. Dee Long (DFL -Mpls) and Sen. Ted Mondale DFL -St. Louis Park). HF833 */SF841/CH176 TAXES Omnibus tax bill All those owning cabins in Minnesota — including non - residents — would get a small property tax break, under the omnibus tax bill on its way to the governor. The proposal was given final approval May 22 by the House. The vote was 72 -59. It passed the Senate the same day, 53 -13. The current property tax rate on seasonal recreation property is 2 percent of the property's value up to $72,000, and 2.5 percent on the value over $72,000. Under HF1864, the 2 percent rate on the first $72,000 in value would be cut to 1.9 percent for taxes payable in 1997. For taxes payable in 1998, it would dip again to 1.8 percent. (The 2.5 percent tax rate for prop- erty value above $72,000 would not change.) The tax break would cost the state $24.14 million over the 1998 -1999 biennium in lost property tax revenue. (Art. 3, Sec. 10) The tax bill also would impose a new property tax on wind energy conversion sys- tems, but the tax would be a boon for Lincoln and Pipestone counties in southwestern Min- nesota. The proposal does not cut $57 million in local government aid for the current year, as called for by Gov. Arne Carlson. But an across- the -board cut of S 16 million in Home- stead and Agricultural Credit Aid to local governments would take effect in the second year of the biennium. Sponsored by Rep. Ann Rest (DFL -New Hope), the bill sets a budget reserve of S350 million for the state and also includes the following tax changes. HF 1864 * /SFnone/CH264 Wind energy property tax The current property tax exemption for wind energy conversion systems would end, under the bill. The change would be a boon to Lincoln and Pipestone counties, both property -poor but geographically poised nearby the "Buf- falo Ridge," an area wind energy experts have called one of the best resources in the United States to tap wind and convert it to electricity. And with last year's law mandating that Northern States Power Co. (NSP) produce 425 megawatts of wind energy by Dec. 31, 2002, (as a condition for allowing the com- pany to store spent nuclear fuel at Prairie Island), there are many more wind turbines coming to the area. Under the bill, new wind energy systems generating less than two megawatts of elec- tricity would remain tax exempt, as would the 73 existing wind towers in Lincoln County. Beginning with taxes payable in 1996, all other new wind energy systems would be taxed. The owner of the wind power system would pay at the commercial - industrial property tax rate: 3 percent of the first $100,000 of the wind energy system's value and 4.6 percent on any value exceeding $100,000. But the tax would not apply to the entire value of the wind power structure —each of which is estimated at between $325,000 and 400,000. Only the value of the structure's foundation would be taxed — or about 8 percent of the entire system's value. After five years, 30 percent of the towers' value also would be taxed, in addition to the foundation tax. Since NSP already has taken bids for the equipment to produce the first 100 mega- watts of wind energy, the bill would allow NSP to pass the cost of property taxes result- ing from these wind energy systems on to rate payers. (An. 3, Secs. 4, 12, 17 -18) Mw 26, 1995 / SESSION WEEKLY 41 CHAPTER No. 176 H.F. No. 833 AN ACT 1 2 relating to local government; modifying certain 3 provisions relating to comprehensive municipal 4 planning in the metropolitan area; amending Minnesota 5 Statutes 1994, sections 103B.235, subdivisions 3, 5,. 6 and by adding a subdivision; 462.355, by adding a 7 subdivision; 473.858, subdivision 1; 473.859, 8 subdivisions 1, 2, and 5; 473.864, subdivision 2; and 9 473.867, by adding a subdivision. 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 11 Section 1. Minnesota Statutes 1994, section 1038.235, 12 subdivision 3, is amended to read: 13 Subd. 3. [REVIEW.] After consideration but before adoption 14 by the governing body, each local -unit shall submit its water 15 management plan to the watershed management organization for 16 review for consistency with the watershed plan adopted pursuant 17 to section 103B.231. The organization shall approve or 18 disapprove the local plan or parts of the plan. The 19 organization shall have 60 days to complete its review; 20 provided, however, that the watershed management organization 21 shall, as part of its review, take into account the comments 22 submitted to it by the metropolitan council pursuant to 23 subdivision 3a. If the organization fails to complete its 24 review within the prescribed period, the local plan shall be 25 deemed approved unless an extension is agreed to by the local 26 unit. 27 Sec. 2. Minnesota Statutes 1994, section 103B.235, is 1 CHAPTER No. 176 H.F. \o. 833 1 amended by adding a subdivision to read: 2 Subd. 3a. [REVIEW BY METROPOLITAN COUNCIL.) Concurrently 3 with its submission of its local water management plan to the 4 watershed management organization as provided in subdivision 3, 5 each local unit of government shall submit its water management 6 plan to the metropolitan council for review and comment by the 7 council. The council shall have 45 days to review and comment 8 upon the local plan or parts of the plan with respect to 9 consistency with the council's comprehensive development guide 10 for the metropolitan area. The council's 45 -day review period 11 shall run concurrently with the 60 -day review period by the 12 watershed management organization provided in subdivision 3. 13 The metropolitan council shall submit its comments to the 14 watershed management organization and shall send a copy of its 15 comments to the local government unit. If the metropolitan 16 council fails to complete its review and make comments to the 17 watershed management organization within the 45 -day period, the 18 watershed management organization shall complete its review as 19 provided in subdivision 3. 20 Sec. 3. Minnesota Statutes 1994, section 1038.235, 21 subdivision 5, is amended to read: 22 Subd. 5. [AMENDMENTS.) To the extent and in the manner 23 required by the organization, all amendments to local water 24 management plans shall be submitted to the organization for 25 review and approval in accordance with the provisions of 26 subdivision subdivisions 3 and 3a for the review of plans. 27 Sec. 4. Minnesota Statutes 1994, section 462.355, is 28 amended by adding a subdivision to read: 29 Subd. la. (PLAN UPDATE BY METROPOLITAN MUNICIPALITIES.) 30 Each municipality in the metropolitan area, as defined in 31 section 473.121, subdivision 2, shall review and update its 32 comprehensive plan and fiscal devices and official controls as 33 pro, - &ded in section 473.864, subdivision 2. 34 Sec. 5. Minnesota Statutes 1994, section 473.858, 35 subdivision 1, is amended to read: 36 Subdivision 1. Within three years following the receipt of 2 CHAPTER No. 176 H.F. No. 833 1 the metropolitan. system statement, every local governmental unit 2 shall have prepared a comprehensive plan in accordance with 3 sections 462.355, subdivision 4, 473.175, and 473.851 to 473.871 4 and the applicable planning statute and shall have submitted the 5 plan to the metropolitan council for review pursuant to section 6 473.175. The provisions of sections 462.355, subdivision 4, 7 473.175, and 473.851 to 473.871 shall supersede the provisions 8 of the applicable planning statute wherever a conflict may 9 exist. If the comprehensive municipal plan is in conflict with 10 the zoning ordinance, the zoning ordinance supersedes -the 11 plenT shall be brought into conformance with the plan by local 12 government units in conjunction with the review and, if 13 necessary, amendment of its comprehensive plan required -under 14 section 473.864, subdivision 2. After August 1, 1995, a local 15 government unit shall not adopt any fiscal device or official 16 control which is in conflict with its comprehensive plan, 17 including any amendments to the plan, or which permits activity 18 in conflict with metropolitan system plans, as defined by 19 section 473.852, subdivision 8. The comprehensive plan shall 20 provide guidelines for the timing and sequence of the adoption 21 of official controls to ensure planned, orderly, and staged 22 development and redevelopment consistent with the comprehensive 23 plan. For purposes of this section, a fiscal device or official 24 control shall not be considered to be in conflict with a local 25 government unit's comprehensive plan or to permit an activity in 26 conflict with metropolitan system plans if such fiscal device or 27 official control is adopted to ensure the planned, orderly, and 28 staged development of urbanization or redevelopment areas 29 designated in the comprehensive plan pursuant to section 30 473.859, subdivision 5. 31 Sec. 6. Minnesota Statutes 1994, section 473.859, 32 subdivision 1, is amended to read: 33 Subdivision 1. [CONTENTS.) The comprehensive plan shall 34 contain. objectives, policies, standards and programs to guide 35 public and private land use, development, redevelopment and 36 preservation. for all lands and waters within the jurisdiction of 3 CHAPTER No. 176 H.F. No. 833 1 the local governmental unit through 1990 and may extend through 2 any year thereafter which is evenly divisible by five. Each 3 plan shall specify expected industrial and commercial 4 development, planned population distribution, and local public 5 facility capacities upon which the plan is based. Each plan 6 shall contain.a discussion of the use of the public facilities 7 specified in the metropolitan system statement and the effect of 8 the plan on adjacent local governmental units and affected 9 school districts. Existing plans and official controls may be 10 used in whole or in part following modification, as necessary, 11 to satisfy the requirements of sections 462.355, subdivision 4, 12 473.175, and 473.851 to 473.871. Each plan may contain an 13 intergovernmental coordination element that describes how its 14 planned land uses and urban services affect other communities, 15 adjacent local government units, the region, and the state, and 16 that includes guidel.,.nes for joint planning and decision making 17 with other communities, school districts, and other 18 jurisdictions for siting public schools, building public 19 facilities, and sharing public services. 20 Each plan may contain an economic development element that 21 identifies types of mixed use development, expansion facilities 22 for businesses, and methods for developing a balanced and stable 23 economic base. 24 The comprehensive plan may contain any additional matter 25 which may be included in a comprehensive plan of the local 26 governmental unit pursuant to the applicable: planning statute. 27 Sec. 7. Minnesota Statutes 1994, section 473.859, 28 subdivision 2, is amended to read: 29 Subd. 2.. [LAND USE PLAN.] A land use plan shall include 30 the water management plan required by section 103B.235, and 31 shall designate the existing and proposed location, intensity 32 and extent of use of land and water, including lakes, wetlands, 33 rivers, streams, natural drainage courses, and adjoining land 34 areas that affect water natural resources, for agricultural, 35 residential, commercial, industrial and other public and private 36 purposes, or any combination of such purposes. A land use plan 4 CHAPTER No. 176 H.F. No. 833 1 shall contain a protection element, as appropriate, for historic 2 sites, the matters listed in the water management plan required 3 by section 103B.235, and the matters listed in section 473.204, 4 and an element for protection and development of access to 5 direct sunlight for solar energy systems. A land. ..use plan shall 6 also include a housing element containing standards, plans and 7 programs for providing adequate housing opportunities to meet 8 existing and projected local and regional housing needs, 9 including but not limited to the use of official controls and 10 land use planning to promote the availability of land for the 11 development of low and moderate income housing. 12 Sec. 8. Minnesota Statutes 1994, section 473.859, 13 subdivision 5, is amended to read: 14 Subd. 5. [URBANIZATION AND REDEVELOPMENT AREAS.] The 15 comprehensive plans may designate, when appropriate, five year 16 urbanization areas and shall specify in the capital improvement 17 program the timing and sequence of major local public facilities 18 and in the implementation program official controls which will 19 ensure that urbanization occurs only in urbanization areas and 20 in accordance with the plan. 21 The comprehensive plans may designate, when appropriate, 22 redevelopment areas and may, as appropriate, specify in the 23 capital improvement program the timing and sequence of local 24 public facilities and in the implementation program the fiscal 25 devices or official controls that will ensure that redevelopment 26 occurs in accordance with the plan. 27 Sec. 9. Minnesota Statutes 1994, section 473.864, 28 subdivision 2, is amended to read: 29 Subd. 2. By December 31, 1998, and at least once every ten 30 years thereafter, each local gove nmental_unit shall review and, 31 if necessary, amend its entire comprehensive plan and its fiscal 32 devices and official controls. Such review and, if necessary, 33 amendment shall ensure that, as provided in section 473.865, the 34 fiscal devices and official controls-of each local government 35 unit are not in conflict with its comprehensive plan. Upon 36 completion of review and, if necessary, amendment of its 5 CHAPTER No. 176 H.F. No. 833 1 comprehensive plan, fiscal devices, and official controls as 2 required by this section, each local government unit shall 3 either: 4 (a) submit to the metropolitan council the entire current 5 comprehensive plan together with written certification by the 6 governing body of the local government unit that it has complied 7 with this section and that no amendments to its plan or fiscal 8 devices or official controls are necessary; or 9 (b)(1) submit the entire updated comprehensive plan and 10 amendment or amendments to its comprehensive plan necessitated 11 by its review to the metropolitan council for review; and 12 (2) submit the amendment or amendments to its fiscal 13 devices or official controls necessitated by its review to the 14 metropolitan council for information purposes as provided by 15 section 473.865. 16 Except as otherwise provided in this paragraph, local 17 governments shall consider, in preparing their updated 18 comprehensive plans, amendments to metropolitan system 21ans in 19 effect on December 31, 1996. For metropolitan system plans, or 20 amendments thereto, adopted after December 31, 1996, local 21 governments shall review their comprehensive plans to determine 22 if an amendment is necessary to conform to the metropolitan 23 system plans. If an amendment is necessary, the local 24 government shall prepare the amendment and submit it to the 25 council for review by September 30, 1999, or nine months after 26 the council transmits the metropolitan system plan amendment to 27 the local government, whichever is later. 28 The periodic review required in this subdivision shall be 29 in addition to the review required by section 473.856. 30 The metropolitan council may grant extensions to local 31 government units in order to allow local government units to 32 complete the review and, if necessary, amendment required by 33 this subdivision. Such extensions, if granted by the 34 metropolitan council, must include a timetable and plan for 35 completion of the review and amendment. 36 Amendments to comprehensive plans of local governmental 6 CHAPTER No. l,6 H.F. No. 833 1 units and to capital improvement programs of school districts 2 shall be prepared, submitted, and adopted in conformance with 3 guidelines adopted by the metropolitan council pursuant to 4 section 473.854. 5 Sec. 10. Minnesota Statutes 1994, section 433.867, is 6 amended by adding a subdivision to read: 7 Subd. 6. [ASSISTANCE FOR PLAN UPDATES.] The council shall 8 give priority for the use of loan and grant funds available 9 under this section to local governmental units for review and 10 amendment of local comprehensive plans and fiscal devices and 11 official controls, as required by section 473.864, subdivision 12 2. The council shall consult with affected local government 13 units to evaluate the need for technical and financial 14 assistance. 15 Sec. 11. [REPORT TO LEGISLATURE.] 16 The council shall report to the legislature by January 15, 17 1996, on the results of its consultation with affected local 18 governmental units on the need for technical and financial 19 assistance as required under Minnesota Statutes, section 20 473.867, subdivision 6. 21 Sec. 12. [APPLICATION.] 22 This act applies in the counties of Anoka, Carver, Dakota, 23 Hennepin, Ramsey, Scott, and Washington. 7 CHAPTER No. 176 H.F. No. 833 This bill was passed in conformity to the rules of each house and the joint rules of the two houses as required by the Constitution of the State of Minnesota. Irvin . Ander o Speaker of the Howe of Representatives. Passed the House of Representatives on May 11, 1995. Passed the Senate on May 8, 1995. l , This bill is properly enrolled and was presented to the Governor on `, 1995. Ilan . Spear President o the Senate. dward A, Burdick Chief C6rk, House of Represrntotives. pw Patrick E. Flahaven Secretary of the Senate. vim• —r.. tarry M. Walsh Revisor of Statutes. Approved on Mo,a %rl 1995, at \ 1 y Q , M. Arne H. Carlson Governor. Filed on a,, 1995. Al AA A0,16140 Joan Anderson Growe Secretary of state. e