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a. The adoption of a comprehensive plan requires a two-thirds • vote of City Council following Planning Commission review. 2. Authority to adopt a moratorium to protect the planning process. a. "If a municipality is conducting studies or has authorized a study to be conducted or has held or has scheduled a hearing for the purpose of considering adoption or amendment of a comprehensive plan or official control ..." b. cannot be adopted simply to stop a specific project. 3. The adoption of a comprehensive plan is a legislative act as to which the Council has broad discretion. a. However,this discretion is limited to the specific statutory authority granted, and subject to constitutional limits. B. Zoning—Minnesota Statutes Section 462.357 1. Authority to adopt, enforce and amend zoning ordinances a. Zoning ordinances must be adopted and amended by a two- thirds vote of the City Council, following Planning Commission review. 2. Required to have a zoning ordinance text and a zoning map. • 3. Zoning regulations are required to be uniform within each zoning district. 4. The adoption and amendment of a Zoning Ordinance are legislative acts, as to which the Council has broad discretion. a. Zoning decisions will be upheld by the courts if there is a "rational basis"for the decision. b. However, this discretion is limited to the specific statutory authority granted, and subject to constitutional limits. i. zoning decisions cannot be arbitrary, capricious or unreasonable. C. Rezoning—Minnesota Statutes Section 462.357 1. Authority to rezone property. a. Requires two-thirds vote of the City Council following Planning Commission review. 2. Rezoning property is amending the zoning map and therefore a legislative decision as to which the Council has broad discretion. a. However,this discretion is limited to the specific statutory authority granted, and subject to constitutional limits. • Joint City Council/Planning Commission Orientation Page 4