09.c1 Update CPA Density & Zoning - CC Packet
1 | P a g e
Date of Meeting: July 16, 2024
To: Honorable Mayor and Members of the City Council
From: T.J. Hofer, Consultant City Planner
Re: Update: Comprehensive Plan Amendment for Density and Zoning
Discussion
The City Council approved a Comprehensive Plan Amendment at their May 21, 2024, meeting.
This amendment was submitted to the Metropolitan Council (Met Council) for review. The Met
Council has determined the application to be “incomplete.” The incomplete letter is attached.
Staff met with the sector representative, Emma Dvorak, and the reviewer for the amendment,
MacKenzie Young-Walters, to discuss the amendment before the incomplete letter was issued.
The Met Council has stated that the amendment is “not compatible” with the Thrive 2040 system
statements. Staff have prepared a presentation to discuss the information received from the Met
Council, which is attached.
Additionally, staff have continued to discuss possible next steps with the Met Council through
email. Those emails are attached for reference and review. Staff requested that the sector
representative or reviewer attend the meeting, but the Met Council staff was unavailable.
RECOMMENDATION
The UDC, and possibly Comp Plan, need to be amended to ensure consistency and the vision of
the City Council. The Council should discuss what they would like development to look like in
the area with the Community Designation of Rural Center. The Council should direct staff
regarding potential needed amendments to the adopted documents
Attachments
1. “Update on Density and Zoning Comprehensive Plan Amendment” Presentation
Slides
2. City of Scandia – Density and Zoning Reference Comprehensive Plan Amendment –
Incomplete for Review, dated July 3, 2024
3. Email from MacKenzie Young-Walters, dated July 10 through July 12, 2024
July 16, 2024
Update on Density and
Zoning Comprehensive Plan
Amendment
▪Council approved submittal of the
comprehensive plan amendment (CPA) for
updates to the 2040 Comprehensive Plan
regarding density and zoning references
▪Metropolitan Council reviews all CPAs within the
seven-county metro
▪City Administrator and City Planner met with
the reviewer and the sector rep from the Met
Council on 6/28
▪CPA was deemed incomplete on July 3, 2024
Density & Zoning CPA Update
▪Density levels are established by the Met
Council and correlates with Community
Designation
Met Council Standards
▪Met Council
designates
Scandia as
Diversified Rural
▪Entire city limited
to maximum
density of
4 du/40 acres
Met Council Standards
▪2040 Comp Plan requested the village area be
changed to Rural Center with “grandfathered”
density of 1 du/2.5 acres
Met Council Standards
1 du/
2.5 acres
4 du/
40 acres
▪1 du/2.5 acres
mirrors Rural
Residential
Community
Designation
▪Met Council has a
standing policy that
no new land can be
designated as Rural
Residential, as the
development pattern
is not conducive to
sewered development
Met Council Standards
▪Future Land Use in the
2040 Comp Plan must
mirror Community
Designations in terms of
density, but is used to
guide types of development
and uses
▪Zoning districts further
refine this and are the tool
to enact comprehensive
plans
Future Land Uses
Community
Designation
Future Land
Use
Zoning
Districts
Abbreviations
Diversified Rural (CD-DR)4 du/40 AC
Rural Center (CD-RC)3–5 du/ 1 AC
Rural Residential (CD-RR)1 du/2.5 AC (preferred at 1/10)
General Rural (FLU-GR)4 du/40 AC
Village Mixed Use (FLU-VMU)1 du/2.5 AC
Village Neighborhood (FLU-VN)1 du/2.5 AC
Village Neighborhood (UDC-VN)1 DU/1.5 AC or 4 DU/40 AC
Village Historic Core (UDC-V-HC)5 DU/40 AC or 5 du/1 acre
Village Center (UDC-V-C)5 DU/40 AC
Community Designations (CD) - Met Council
Future Land Use (FLU) - Comp Plan
UDC (Zoning Districts) / Proposed Future Land Use
Existing Future Land Use Map
1 du/
2.5 acres
4 du/ 40 acres
1 du/
2.5 acres
Council-Approved Future Land
Use Map
4 du/40 acres
OR
1 du/1.5 acres
4 du/ 40 acres
5 du/40 acres
OR
5 du/1 acre
Table II-I –Current Residential Allowed Density Ranges
Future Land Use Category Units/Acres
Agriculture Core 4/40
General Rural 4/40
Village Mixed Use 5/40 or 5/1*
Village Neighborhood 4/40 or 1/1.5*
St. Croix River District 4/40
Agricultural Preserve 1/40
*Densities only available if conditions established in the adopted zoning and subdivision ordinance are met
▪Proposed density based on UDC standards
▪Met Council Issues:
▪Proposed density of 1 du/1.5 acres is too dense for
Village Neighborhood FLU based on the grandfathered
CD-RC 1 du/2.5 acres
▪Village Mixed Use FLU at 5/40 is inconsistent with CD-
DR (4/40)
▪Density bonuses cannot allow higher density than
allowed by Community Designations
▪UDC must be amended to be consistent with the
Comp Plan, or the UDC is not legally defendable
▪UDC-VN, UDC-V-HC, and UDC-V-C are not consistent
▪Open Space Conservation Planned Unit Development
(OS-PUD) 75% bonus is not allowable per Met Council
Met Council Issues
▪Do not amend Comp Plan
▪UDC would need to be amended to be consistent with the Comp Plan
▪UDC could be amended to require certain standards to allow for development at 1 du/2.5 acres, but they cannot be discretionary (plat v. PUD) (see email from Met Council)
▪Amend Comp Plan to redraw FLU-VN area
▪The Future Land Use map could be amended to redraw where the area that can be developed at 1 du/2.5 acres to limit where higher density development happens
▪Met Council has stated that if the area is reduced, it will never be allowed to be expanded with the 1 du/2.5 acres exception
▪UDC could still be amended to require certain standards for this density (see email from Met Council)
▪Amend Comp Plan to be consistent with Met Council standards
▪CD-RC would allow for 3-5 du/1 acre
▪UDC could be amended to require certain standards for different levels of density (see email from Met Council)
Options
▪The UDC, and possibly Comp
Plan, need to be amended to
ensure consistency and the
vision of the City Council
▪The Council should discuss
what they would like
development to look like in
the area with the Community
Designation of Rural Center
▪The Council should direct
staff regarding potential
needed amendments to
adopted documents
Steps Forward
Metropolitan Council (Regional Office & Environmental Services)
390 Robert Street North, Saint Paul, MN 55101-1805
P 651.602.1000 | F 651.602.1550 | TTY 651.291.0904
metrocouncil.org
An Equal Opportunity Employer
July 3, 2024
T.J. Hofer, City Planner
City of Scandia
14727 209th Street North
Scandia, MN 55073
RE: City of Scandia – Density and Zoning Reference Comprehensive Plan Amendment –
Incomplete for Review
Metropolitan Council Review File No. 21979-9
Metropolitan Council District No.
Dear T.J. Hofer:
The Metropolitan Council received the City’s Density and Zoning Reference comprehensive plan
amendment for review on June 12, 2024. Council staff finds that parts of the plan amendment submittal
are incomplete and further review has been suspended pending receipt of the following:
Forecasts (Todd Graham, 651-602-1322)
Land use Tables II-O and II-M should be updated to fully incorporate the changes in Village
Neighborhood, General Rural and Agricultural Core acreage and the density permitted without
discretionary (i.e. PUD) approvals.
Land Use (MacKenzie Young-Walters, 651-602-1373)
• The area guided Village Neighborhood (VN) and Village Mixed Use (VM) have the Rural Center
Community Designation. Thrive MSP 2040 (Thrive) requires Rural Centers to plan for a density
range of 3 to 5 units per acre; however, in the City’s 2040 Comprehensive Plan the Metropolitan
Council agreed to a maximum density of 1 unit per 2.5 acres for these areas in deference to the
existing development pattern and limitations presented by the City’s wastewater treatment
systems. A limited expansion of the area guided VN was also permitted to accommodate desired
growth and provide support for the historic village center. Any change from the existing 1 unit per
2.5 acres density permitted in the portion of the community designated as a Rural Center would
need to be consistent with the density ranges established in Thrive.
The proposed change to a density range of 4 units per 40 acres to 1 unit per 1.5 acres (subject to
PUD approval) for the area guided VN is not compatible with the Rural Center designation, nor is
it compatible with the Diversified Rural designation, which Thrive limits to a maximum density of 4
units per 40 acres, present in the rest of the community. Similarly, the proposed density range of 5
units per 40 acres to 5 units per acre for the area guided VM is not compatible with either
designation.
• The text within the various land use categories indicates that density bonuses of up to 75%
beyond the listed maximum density may be permitted through zoning approvals. The density
listed in the land use section of the 2040 Comprehensive Plan establishes the maximum
permitted density and any zoning approvals must fall within the established range. The density
described in the description of the land use categories should be reconciled with the established
Page - 2 | July 3, 2024 | METROPOLITAN COUNCIL
density ranges. Per Minn. Stat. § 473.858, if the comprehensive plan conflicts with the zoning
ordinance, the zoning ordinance shall be brought into conformance with the plan. Alternatively,
the City can amend the maximum allowed density across the land use category.
• Tables II-I, II-M, and II-O must reflect the amended acreage totals for each land use category, the
allowed density without discretionary (i.e. PUD) approvals and be consistent with the text
descriptions of the land use categories, as applicable. These tables must also be reconciled with
each other (i.e. acreages listed in II-O must correspond to those listed II-M).
• The labels on the first two land use maps submitted as part of the Comprehensive Plan
Amendment appear to be reversed compared to the land use maps present in the attached staff
report and comprehensive plan. The labels should be reconciled and the areas that are being
reguided should be explicitly identified.
After the supplemental information is received and evaluated, if staff finds the plan complete the
Council’s review process will be restarted.
If you have any questions about the information requested in this letter or about the review process,
please feel free to contact the technical reviewers directly. You may also contact the Principal Reviewer,
MacKenzie Young-Walters, at 651-602-1373 or via email at MacKenzie.Young-
Walterst@metc.state.mn.us. As always, you can also contact your Sector Representative, Emma Dvorak,
at 651-602-1373 or via email at Emma.Dvorak@metc.state.mn.us.
Sincerely,
Angela R. Torres, AICP, Senior Manager
Local Planning Assistance
CC: Gail Cederberg, Metropolitan Council District No. 11
Emma Dvorak, Sector Representative
MacKenzie Young-Walters, Principal Reviewer
Reviews Coordinator
N:\CommDev\LPA\Communities\Scandia\Letters\Scandia 2024 Density and Zoning Reference CPA Incomplete 21979-9.docx
Re: Scandia 2024 Density and Zoning Reference CPA Incomplete 21979-9
TJ Hofer <tj.hofer@bolton-menk.com>
Fri 7/12/2024 9:23 AM
To: Young-Walters, MacKenzie <Mackenzie.Young-Walters@metc.state.mn.us>; Dvorak, Emma
<Emma.Dvorak@metc.state.mn.us>
Cc: Kyle Morell <k.morell@ci.scandia.mn.us>; Brenda Eklund <b.eklund@ci.scandia.mn.us>
Thanks, MacKenzie. We will discuss and get back to you.
During our mee ng I think I requested a copy of the staff report from when the 2040 Comp Plan was approved.
Can you please send me a PDF of that?
Thanks,
T.J. Hofer
Planner II
Bolton & Menk, Inc.
Phone: 612-271-6984
www.Bolton-Menk.com
Book time to meet with me
From: Young-Walters, MacKenzie <Mackenzie.Young-Walters@metc.state.mn.us>
Sent: Thursday, July 11, 2024 4:26 PM
To: TJ Hofer <tj.hofer@bolton-menk.com>; Dvorak, Emma <Emma.Dvorak@metc.state.mn.us>
Cc: Kyle Morell <k.morell@ci.scandia.mn.us>; Brenda Eklund <b.eklund@ci.scandia.mn.us>
Subject: RE: Scandia 2024 Density and Zoning Reference CPA Incomplete 21979-9
T.J.,
The Metropolitan Council's position is that Zoning should be handled at a local level. State law
requires the zoning code to be consistent with the comprehensive plan. A zoning code that
results in some areas being unable to develop at their land use’s maximum permitted density is
common. However, a zoning code that establishes criteria that prevent areas from developing at
anything near their permitted density would be vulnerable to challenges under Minn. Stat. §
473.858.
A zoning code that said an area was limited to 4 per 40 unless X, Y, and Z were true would not
be consistent with the comprehensive plan’s because it would be essentially creating a 4 per 40
zoning for a portion of the city which is incompatible with the Rural Center ’s 1 per 2.5
designation. A zoning code that said that to subdivide a site needed to have X characteristics
would be fine, even if in some cases those criteria meant a five-acre property was not able to
subdivide into two 2.5 acre lots.
Regarding the 4 per 40 questions, it is not a city wide average. For example, if a thousand
acres were guided at 4 per 40 the City could not require that the 100 permitted units be placed
within a 150-acre section of those 1,000 acres while the other 850 acres were left undeveloped.
That being said, mechanisms like transfer of development rights could allow an owner of 80
acres to cluster the 8 units they are permitted on one portion of their property. To further clarify,
the City could not use land use guidance to limit a 160-acre area to 1 per 40 and then permit
another 40 acres to develop at 1 per 2.5 with the rational that between these two developments
it averages out to 4 per 40.
7/12/24, 9:36 AM Mail - TJ Hofer - Outlook
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Please let us know if you have any additional questions.
Thanks,
-MacKenzie
MacKenzie Young-Walters, AICP
Pronouns: he/him/his
Senior Planner | Local Planning Assistance
Community Development
P. 651-602-1373
MacKenzie Young-Walters, AICP
Pronouns: he/him/his
Senior Planner | Local Planning Assistance
Community Development
P. 651-602-1373
From: TJ Hofer <tj.hofer@bolton-menk.com>
Sent: Wednesday, July 10, 2024 2:33 PM
To: Young-Walters, MacKenzie <Mackenzie.Young-Walters@metc.state.mn.us>; Dvorak, Emma
<Emma.Dvorak@metc.state.mn.us>
Cc: Kyle Morell <k.morell@ci.scandia.mn.us>; Brenda Eklund <b.eklund@ci.scandia.mn.us>
Subject: [EXTERNAL] Re: Scandia 2024 Density and Zoning Reference CPA Incomplete 21979-9
MacKenzie,
Thanks for the follow up. I do have concerns and ques ons regarding some of these, but there is one answer I
need for Council next week. Within the Rural Center that's allowed a maximum density of 1 dwelling per 2.5
acres, can the City establish zoning standards that only allow development at that maximum density if certain
standards are met, assuming the standards are not discre onary?
I believe that you said yes to this in the mee ng, but I wanted to make sure.
It might also be helpful to clarify, does the Met Council consider density at a City wide level or at a 40 acres level
such as through quarter-quarter sec ons?
Thank you,
T.J. Hofer
Planner II
Bolton & Menk, Inc.
Phone: 612-271-6984
www.Bolton-Menk.com
Book time to meet with me
From: Young-Walters, MacKenzie <Mackenzie.Young-Walters@metc.state.mn.us>
Sent: Wednesday, July 10, 2024 1:28 PM
To: TJ Hofer <tj.hofer@bolton-menk.com>; Dvorak, Emma <Emma.Dvorak@metc.state.mn.us>
Cc: Kyle Morell <k.morell@ci.scandia.mn.us>; Brenda Eklund <b.eklund@ci.scandia.mn.us>
Subject: RE: Scandia 2024 Density and Zoning Reference CPA Incomplete 21979-9
7/12/24, 9:36 AM Mail - TJ Hofer - Outlook
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T.J.,
I received your voicemail and was pu ng the final touches on an email that I was dra ing following up on our June 28th mee ng. I am hopeful that
these responses will provide some clarity; however, I an cipate that it may make sense to set up a follow-up call to talk through a few of the answers
and address anything that I may have missed. Unfortunately, since we are s ll in the process of wri ng the Imagine 2050 Regional Development Guide
the answers to some of your ques ons about the 2050 Comprehensive Planning Cycle will not be known un l the Metropolitan Council adopts the final
RDG in Q1 of 2025. Below I have listed my understanding of your ques ons from our last mee ng and the answers that we were able to gather.
Q: Would a Rural Residen al Community Designa on be possible?
A: No, Thive 2040 policy is not to expand the Rural Residen al Community Designa on. It is our strong belief that this policy will be maintained in
Imagine 2050.
Q: If an area currently guided for 1 unit per 2.5 acres were to be reguided to 4 units per 40 acres, would it be possible to return to the 1 unit per 2.5
acres at some point in the future?
A: No, the 2040 Comprehensive Plan permi ed a legacy development pa ern that does not strictly speaking conform to the Thrive 2040 Rural Center
density range. Any change from the 1 per 2.5 would need to align with the density policy for a Community Designa on (either 4 per 40 for Diversified
Rural or 3-5 units per acre for Rural Center) and any subsequent amendment would need to fall into one of those categories.
Q: Can Scandia take advantage of the Flexible Residen al Development Ordinance Guidelines (Flexible Development Guidelines) for the Diversified Rural
Area?
A: Yes, with some caveats. You can use these for the areas of your community guided for Diversified Rural Development; however, the result cannot be
incompa ble with Metropolitan Council Policy. Implemen ng these would be a major conversa on between the City and your sector representa ve.
The areas of your community designated as Rural Center would not be eligible for this program. As I men oned, our staff expert on these guidelines is
currently on vaca on, but when we she is back it may make sense to set up a mee ng with her and your sector representa ve to talk about what this
could look like. In the interest of transparency, it is very likely that the Flexible Development Guidelines will be modified as part of Imagine 2050. We are
just beginning those conversa ons so I cannot provide any insights on what those changes are likely to be.
Q: Can Scandia con nue to use density bonuses, for example the City currently allows up to 7 units per 40 acres with open space preserva on.
A: It is complicated. It is likely that through a combina on of the above-men oned Flexible Development Guidelines and amending the comprehensive
plan to reflect the maximum density ranges inclusive of density bonuses, some addi onal density can be granted for the Diversified Rural areas. Exactly
how much and under what condi ons, would depend on how the Flexible Development Guidelines end up being implemented. I will cau on that our
manager expressed concern that 7 per 40 would likely not align with the Metropolitan Council’s policies. The big concern on our end is that the
permi ed flexibility is not used to create a Rura Residen al Community Designa on in all but name.
Q: How will Imagine 2050 impact the exis ng 1 unit per 2.5-acre areas?
A: I know that is a huge ques on for your community; however, as was men oned earlier, we cannot answer it with any degree of certainty un l
Imagine 2050 is adopted. In its current dra from, there is more of an emphasis re-evalua ng exis ng areas in the light of new policies than was present
in Thrive 2040; however, we also understand that there are communi es that have unique characteris cs that may s ll warrant the recogni on of
historical development pa erns or prac cal constraints to mee ng new policies. Exactly where the balance on those considera ons ends being struck is
currently unknowable.
Regarding the City Council mee ng on July 16th, I do not believe that we will be able to a end. We would be happy to meet with you either before or
a er the mee ng to go over staff and the City Council’s ques ons. Prior to the mee ng our availability is as follows:
July 11th: 1-2 p.m.
July 12th: 10:30-12:00 p.m., 3:00-4:00 p.m.
July 15th: 9:30-11:00 p.m., 3:00-4:30 p.m.
Sincerely,
-MacKenzie
MacKenzie Young-Walters, AICP
Pronouns: he/him/his
Senior Planner | Local Planning Assistance
Community Development
P. 651-602-1373
From: TJ Hofer <tj.hofer@bolton-menk.com>
Sent: Wednesday, July 10, 2024 11:41 AM
7/12/24, 9:36 AM Mail - TJ Hofer - Outlook
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To: Dvorak, Emma <Emma.Dvorak@metc.state.mn.us>; Young-Walters, MacKenzie <Mackenzie.Young-
Walters@metc.state.mn.us>
Cc: Kyle Morell <k.morell@ci.scandia.mn.us>; Brenda Eklund <b.eklund@ci.scandia.mn.us>
Subject: [EXTERNAL] Re: Scandia 2024 Density and Zoning Reference CPA Incomplete 21979-9
Emma and MacKenzie,
We are going to be discussing the incomplete le er, conflicts with Met Council policy, and poten al steps forward
at out July 16, 2024, mee ng. If either of you are available it may be helpful to have a representa ve there from
the Met Council. We do stream all of our mee ngs on Zoom, so you would be able to join that way as well. Our
mee ng starts at 7:00 pm, but I would expect this to be later in the mee ng during our staff reports. The agenda
will be published at the end of the week and can be found here:
h ps://weblink.cityofscandia.com/WebLink/Browse.aspx?id=105162&dbid=0&repo=Laserfiche&cr=1
The Zoom informa on is:
Join Zoom Mee ng
h ps://us06web.zoom.us/j/97331961888?pwd=b2RFWmdHNXQvazAwcXhudjZtT2tUdz09
Mee ng ID: 973 3196 1888
Passcode: 839598
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Thank you,
T.J. Hofer
Planner II
Bolton & Menk, Inc.
Phone: 612-271-6984
www.Bolton-Menk.com
Book time to meet with me
From: Dingle, Sandi <sandi.dingle@metc.state.mn.us>
Sent: Wednesday, July 3, 2024 3:15 PM
To: TJ Hofer <tj.hofer@bolton-menk.com>
Cc: Cederberg, Gail <Gail.Cederberg@metc.state.mn.us>; Dvorak, Emma <Emma.Dvorak@metc.state.mn.us>;
Young-Walters, MacKenzie <Mackenzie.Young-Walters@metc.state.mn.us>; ReviewsCoordinator
<ReviewsCoordinator@metc.state.mn.us>
Subject: Scandia 2024 Density and Zoning Reference CPA Incomplete 21979-9
The attached letter is being sent to you electronically on 7/3/2024.
7/12/24, 9:36 AM Mail - TJ Hofer - Outlook
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Sandi Dingle
Program Technical Specialist | Regional Planning
sandi.dingle@metc.state.mn.us
P. 651.602.1312 | C. 651.329.0373
390 North Robert Street | St. Paul, MN | 55101 | metrocouncil.org
7/12/24, 9:36 AM Mail - TJ Hofer - Outlook
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