08.b3 Staff Report LaBelle Map Amendment TKDA | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Memorandum To: Scandia City Council Reference: LaBelle Comprehensive Plan Amendment Request Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Michael LaBelle, Applicant Project No.: 18407.000 From: Evan Monson, Planner Routing: Date: July 7, 2022 SUBJECT: Comprehensive Plan Amendment request to amend the Future Land Use designation of a parcel from Mining to General Rural MEETING DATE: July 19, 2022 LOCATION: PID 17.032.20.21.0005 APPLICANT/OWNER: Michael LaBelle, LaBelle Real Estate Group ZONING: General Rural (GR), Mining Overlay REVIEW PERIOD: 60 day period ends July 24, 2022 ITEMS REVIEWED: Application and plans received May 25, 2022 DESCRIPTION OF THE REQUESTS The property owner is looking to develop the subject parcel as a single family residence in the near future. The property is currently vacant. The property is zoned (GR), and is als o within the Mining Overlay zone. In order to use the site for residential use, the parcel must be rezoned out of the Mining Overlay, as the Mining Overlay does not permit residential use. Before rezoning out of the overlay, the site’s future land use designation must be amended. An amendment of the Comprehensive Plan requires review by the Planning Commission, and approval by the City Council with a 2/3 majority. Any city approval would be contingent on approval by the Metropolitan Council, who would review the request for consistency with their regional 2040 Plan. LaBelle Staff Report July 19, 2022 Scandia City Council Page 2 PROPERTY INFORMATION Parcel description: The subject property consists of one parcel 10.16 acres in size, and is located west of the intersection of Lofton Avenue and 218th Street North in the northwest side of the city. The property is east of the Dresel Mine operated by Martin Marietta (formerly operated by Tiller Corp.). The subject property slopes down from 218th Street, with the north half of the parcel wooded. Apart from the mine, nearby properties are predominantly large-lot single family residential or agricultural in use. Land use: None/vacant Figure 1: Aerial of subject property and surrounding area, from Washington County GIS EVALUATION OF REQUEST Comments on the Request Martin Marietta/Tiller Mine Staff for the mine noted that the subject parcel is not included in future mining plans, and had no objections with the requested change of the future land use designation for the parcel. If the request is approved, the AOP and CUP for the mine will have to be updated at the time of renewal to no longer list this parcel as part of the mine. Staff also noted that 21820 Lofton Avenue was also not included in future mining plans, and would not object to a future change of the future land use designation of that parcel. LaBelle Staff Report July 19, 2022 Scandia City Council Page 3 Development Code Requirements Zoning District Requirements The base zoning of the subject parcel is General Rural (GR), which permits single -family residential and agricultural uses as permitted uses. The parcel meets the lot requirements of the Development Code (Chapter Two, Section 2.6) for the GR zone. As a result of being within the Mining Overlay zone, though, the parcel is not permitted to be used for single-family residential (Chapter Two, Section 2.12). In order to use the parcel for residential use, the parcel must be rezoned out of the Mining Overlay. The Mining Overlay zone matches the extent of the Mining Zone in the 2040 Comprehensive Plan. Amending the Future Land Use Map of the 2040 Comprehensive Plan An amendment to the Comprehensive Plan follows a similar process as amending the Development Code. For this request, the proposed change would be to have the Future Land Use Map designate the subject parcel as ‘General Rural’. The Comprehensive Plan describes the General Rural future land use designation as: “The General Rural area land use category is a residential area of mixed lot sizes. It recognizes areas of Scandia that have been developed in the past at densities of ten acre or less and areas that have larger parcels still used for agriculture. The area includes 10-acre parcels, but also a number of existing smaller parcels and some parcels enrolled in the Agricultural Preserves Program. Single -family residential dwellings are the primary land use for the General Rural area at densities of 4 units per 40 acres. Secondary land uses include agricultural production, including small-scale production, parks and recreation, and public and private institutions. Recreational commercial uses are allowed as a conditional use. This designation corresponds with the General Rural District in the current zoning ordinance.” The size (10.16 acres), current base zoning (GR), and proposed use of the site (single -family residential) would be consistent with the General Rural future land use designation. The site’s use for mining is no longer applicable; the subject parcel has been identified in past AOP submittals as already reclaimed. In conversations with Martin Marietta staff, the subject parcel is not planned for future mining activity. If the City approves of changing the designation, it would then be required to be reviewed by the Metropolitan Council for “conformance, consistency, and compatibility” with their regional 2040 Plan. If the Comprehensive Plan amendment is approved, the applicant is then able to request a rezoning to no longer be within the Mining Overlay zone. Future Comprehensive Plan Amendments As noted previously, the Mining Overlay does not permit single-family residential use for parcels within that zone. For parcels actively being mined, this is not an issue. An issue does arise though when a parcel is not used for mining but the zoning and future land use designation have not been updated to reflect the correct use. The property to the east of our applicant’s site, addressed as 21820 Lofton Avenue North, is currently used for single-family residential. The parcel is also within the Mining Overlay, and is also designated in the Future Land Use map as ‘Mining’. Since the house and use of the house predates our D evelopment Code, it is a legally nonconforming use. As noted in the Development Code (Chapter One, Section 13.4(2)), a nonconforming use may continue, but is not ab le to be enlarged or increased. LaBelle Staff Report July 19, 2022 Scandia City Council Page 4 In order to alleviate this from becoming an issue for the landowner in the future, staff discussed the need to change the designation of this property in the future with the Planning Commission. The commissioners made and approved a motion to consider a change to the future land use map designation of 21820 Lofton Avenue North at an upcoming Planning Commission meeting. That change would have to follow the same review process as this request, so if it were approved it would go to the City Council for approval, contingent on approval by the Metropolitan Council. ACTIONS REQUESTED The Scandia City Council can do one of the following: 1. Approve 2. Deny, with findings 3. Table the request If the City Council approves the requested amendment, city staff will forward the City Council’s resolution, and the applicant’s request, to the Metropolitan Council for their review and approval. RECOMMENDATION The Planning Commission recommends that the requested amendment to the Future Land Use Map be approved by the City Council. Findings by the commissioners for approval were: 1. The requested amendment would ensure consistency with the future use map and the current base zoning designation of the parcel of General Rural (GR). 2. The proposed amendment would be consistent with the designation of other adjacent and nearby properties. 3. The requested future land use designation amendment would not conflict with the future mining activity of the nearby Scandia Pit.