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1 CITY OF DAYTON Meeting Date: PLANNING COMMISSION Item Number: H PRESENTER: Scott Weideman ITEM: Application by Scott and Pamela Weidema for a Comprehensive Plan Amendment to reguide their property at Berkshire Lane North from an Urban Reserve designation to Low Density Residential designation. 60-DAY RULE SUMMARY: Application Accepted: February 5, Day Review Deadline: April 6, 2018 (60 day review) Extension Granted To: N/A BACKGROUND/OVERVIEW: The applicant is requesting a comprehensive plan land use amendment (to the 2030 future land use plan) to change the land use designation on the subject property at Berkshire Lane from current land use designation of Urban Reserve to Low Density Residential. The graphic to the right shows the current 2030 plan with the light green color indicating Urban Reserve. This would be considered a minor amendment due to total lot size of acres. When sewer and water was extended to this part of NE Dayton this property was also served (see attached resolution). Municipal services extended west to serve River Hills. The property north of the Diamond Hill Estates neighborhood and subject property is also currently planned for sewered development (proposed concept plan for Cloquet Island Estates). The applicant is requesting this land use change to allow future development (no immediate plans) under the same density and development provisions as surrounding properties. The applicant has no specific development plans at this time therefore this request is being made separate and in advance of a future concept plan, plat and rezoning. LEVEL OF CITY DISCRETION IN DECISION-MAKING Action taken on the proposed land use change is legislative in nature; the City has broad discretion in making land use decisions based on the comprehensive plan and advancing the health, safety, and general welfare of the community. The basic question of the land use change is whether it is consistent with surrounding property, will it advance vision and goals for the city for future

2 Planning Commission Report March 8, 2018 development and redevelopment. ZONING The property is zoned A-1, Agricultural District. A rezoning will be required at time of development consistent with the land use upon final Met Council approval of the land use amendment. COMPREHENSIVE PLAN AMENDMENT When the 2030 Comprehensive Plan was approved the Urban Reserve designation was created and applied to existing neighborhoods, including Diamond Hill Estates that consist of large lots. The urban reserve areas were not counted towards the overall net density nor included in a staging year that would imply future subdivision. When the draft 2040 Future Land Use Plan was developed earlier this year a new land use designation, Rural Reserve, was created and applied to those Urban Reserve areas of existing development that may be more likely to continue in their current form as large rural lots and not further subdivide. The final maps and comprehensive plan update has not been full adopted by the City Council. The Rural Reserve designation was placed on this neighborhood and Thicket Hill. The other urban reserve guided parcels are along Fernbrook Lane remain urban reserve as they are in close proximity to active development and major roadway corridors so it s assumed to be an areas more likely to redevelop. Under either land use, a property owner always as the right to apply for a comprehensive plan amendment. Since the 2040 plan discussion, and council review of the maps, staff has received input from a few property owners in Diamond Hill Estates preferring to hold to the Urban Reserve and not eliminate the opportunity for future subdivision. It should be noted that the city has no plans to extend municipal sewer and water south along Berkshire Lane. However, as pointed out earlier the subject property does have a sewer and water connection. The area to the north is also within the current staging bounder. Adjacent Land Uses Properties surrounding the subject site include commercial and industrial uses. Direction Land Use Plan Zoning Map Existing Use North Low Density A-1 Vacant; Cloquet Island Estates concept plan location is north and slightly west of the site. West Urban Reserve A-1 Single Family/Diamond Hill Estates South Urban Reserve A-1 Single Family/Diamond Hill Estates East Existing Sewered Low A-1 Single Family 2

3 Planning Commission Report March 8, 2018 Density PLANNING CONSIDERATIONS: The proposed land use change is based on the 2030 plan. Any changes to the 2030 plan have to be submitted to the Met Council by June for consideration. The City is preparing the 2040 Comprehensive Plan update so there is an option to wait and incorporate this request into the full update. Also, consideration for staging year will be necessary. Staff suggests the earliest be 2020 as there is sufficient land in the current boundary for new development. ACTION: The Planning Commission has the following options for recommendation to the City Council: Recommend to City Council approval of the 2030 Land Use Amendment to reguide Berkshire Lane to Low Density Residential. Recommend denial (or table action if the applicant withdraws the application or waives rights to 60-day rule) of the request as an Amendment to the 2030 Comprehensive Plan with a recommendation that the consideration be part of the 2040 Comprehensive Plan Update. ATTACHMENTS: Location Map Letter from Peter Coyle Resolution for Sewer connection Resolutions for Diamond Hill Estates Final Plats 3

4 Site Location - Weidema Property n yto Da rr ve Ri d da ve N n st Ave N Berkshire Ln N Diamond Lake Rd N Vinewood Ln N 139th Ave N USGS The National Map: National Boundaries Dataset, National Elevation Dataset, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; U.S. Census Bureau - TIGER/Line; HERE Road Data Legend Weidema Property Diamond Lake Rd S Miles ±

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