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8.b Ag Preserve status of Ambourn property - CC staff report 06.16.20Memorandum To: Scandia City Council Reference: Decertify 13407 Mayberry Trail North from Agricultural Preserve Status Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Project No.: 17722.000 Administrator Rita Ambourn Trs, applicant From: Merritt Clapp -Smith, Routing: Planner Date: June 9, 2020 DESCRIPTION OF REQUEST The applicant is requesting to withdraw the 44.6 -acre property at 13407 Mayberry Trail North [PIDs 28.032.20.11.0001 and 28.032.20.12.0001] from the State of Minnesota Metropolitan Agricultural Preserves Program, to enable a lot split and potential residential development of the undeveloped lot. The MINNESOTA METROPOLITAN AGRICULTURAL PRESERVES PROGRAM [herein referred to as MMAPP] encourages the retention of high-quality agricultural land within the 7 -county metro area, with an official designation that makes the properties eligible for property tax relief. The property remains in the program until expiration is initiated by the land owner or a government authority. Withdrawal initiated by the land owner requires approval by the governing body of the local municipality. MN Statute 473H.09 "Subd. 3.Approval of authority. Termination of an agricultural preserve earlier than the date derived through the application in section 473H.08 may be requested by the owner eight years after commencement of the preserve. An owner seeking termination under this subdivision must provide notice to the authority exercising planning and zoning authority for the land on a form provided by the commissioner of agriculture. The notice must describe the property for which termination is desired and the date of termination. Termination An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.com Mi TKDA Memorandum To: Scandia City Council Reference: Decertify 13407 Mayberry Trail North from Agricultural Preserve Status Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Project No.: 17722.000 Administrator Rita Ambourn Trs, applicant From: Merritt Clapp -Smith, Routing: Planner Date: June 9, 2020 DESCRIPTION OF REQUEST The applicant is requesting to withdraw the 44.6 -acre property at 13407 Mayberry Trail North [PIDs 28.032.20.11.0001 and 28.032.20.12.0001] from the State of Minnesota Metropolitan Agricultural Preserves Program, to enable a lot split and potential residential development of the undeveloped lot. The MINNESOTA METROPOLITAN AGRICULTURAL PRESERVES PROGRAM [herein referred to as MMAPP] encourages the retention of high-quality agricultural land within the 7 -county metro area, with an official designation that makes the properties eligible for property tax relief. The property remains in the program until expiration is initiated by the land owner or a government authority. Withdrawal initiated by the land owner requires approval by the governing body of the local municipality. MN Statute 473H.09 "Subd. 3.Approval of authority. Termination of an agricultural preserve earlier than the date derived through the application in section 473H.08 may be requested by the owner eight years after commencement of the preserve. An owner seeking termination under this subdivision must provide notice to the authority exercising planning and zoning authority for the land on a form provided by the commissioner of agriculture. The notice must describe the property for which termination is desired and the date of termination. Termination An employee owned company promoting affirmative action and equal opportunity Decertify Agricultural Preserve property Staff Report submitted June 10, 2020 Scandia City Council Page 2 Public Hearing June 16, 2020 of the agricultural preserve and covenant pursuant to this subdivision shall become effective only upon approval by a majority vote of the authority." RATIONALE FOR WITHDRAWL The applicant is seeking to split the property into two lots — one lot retaining the original homestead and the other lot for potential development. ZONING DISTRICT CHANGE Under the Scandia Code Chapter 2, Agricultural Preserves Program, properties zoned as Agricultural Preserve must be certified under the MMAPP and are limited to a density of one dwelling unit per 40 acres. When properties are removed from the MMAPP, the property automatically converts from an Agricultural Preserve district to an Agricultural Core district. No City Council action is required for the zoning district change. PLANNING STAFF RECOMMENDATION 13407 Mayberry Trail North [PIDs 28.032.20.11.0001 and 28.032.20.12.0001] from the State of Minnesota Metropolitan Agricultural Preserves Program, to allow a lot split and potential development of a lot under 40 acres in size. It 7