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5.c Density Determination - PC Packet1 | P a g e Date of Meeting: November 7, 2023 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: UDC Amendment to Section 153.600.020 The City has identified a conflict between how the Unified Development Code (UDC) states how density should be determined and how density has historically been determined within the City. Staff has prepared an ordinance amendment to update the UDC to be consistent with the past practice in the City. BACKGROUND In June of 2023, the City identified an error in the 2040 Comprehensive Plan regarding density because of an application. Due to this, staff reviewed density throughout the City and the process of determining density. The City adopted the UDC on September 20, 2022, to replace the previous zoning and subdivision codes. The UDC currently establishes a process for determining density that is inconsistent with the past practices of the City and the direction of the City Council. Currently, the UDC states that density should be determined based on a single lot. The City has historically looked at Quarter-Quarter Sections as established with the Public Land Survey. OVERVIEW OF UDC AMENDMENT Staff has compiled the relevant sections of the UDC that address how riparian lots are defined. Changes to the UDC are in red. (G) Determination of Density Units. I. For the purposes of developing land for residential development, the number of density units for any proposed development shall be determined by determining 2 | P a g e the total number of dwelling units within the quarter-quarter section of the applicable area as defined by the Public Land Survey. Accessory dwelling units are not counted for the purposes of determining density. The quarter-quarter sections correlate with the “40 acres” referred to by density standards. The City may grant bonus density units, under the Open Space Conservation Design performance standards of this Chapter. applying the following steps: a. The maximum number of density units for the project area shall be calculated by dividing the project area in acres by the maximum density for the district. b. To determine the allowable number of density units, the applicant must create a Yield Plan drawn to scale showing the maximum number of lots that would be permitted using the performance standards for lots in a Conventional Subdivision that is designed in accordance with the applicable sections of this UDC and Comprehensive Plan. The applicant must submit the Yield Plan to the Zoning Administrator for review. If, after determining the maximum number of lots in a Conventional Subdivision, a lot could be created that meets 80% of the minimum lot size and otherwise meets all other lot requirements for the Base Zoning District, then that lot shall be considered as one (1) lot for density computation purposes. 3 | P a g e ANALYSIS Staff Analysis Staff believes the proposed amendment will correct the method of density determination as directed by the City Council. RECOMMENDATION After holding the public hearing, the Planning Commission can do one of the following: 1. Recommend approval, with or without conditions 2. Recommend denial, with findings 3. Table the request for further review/study Staff recommends that the Planning Commission recommend approval of the attached ordinance and resolution approving a UDC text amendment to amend the density determination. Attachments A. Draft Ordinance 2023-XX Regarding Density Determination B. Unified Development Code Section 153.400 Character and Building Standards (link only) C. Map of the City of Scandia with Quarter-Quarter Sections Removed Text: Strikethrough New Text: Red Underlined Page 1 of 2 CITY OF SCANDIA ORDINANCE NO.: 2023-XX AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE SECTION 153.400.020 REGARDING DENISTY DETERMINATION The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Chapter 153.400.020 Subd. 2 (G), shall be amended by adding the underlined text and deleting the stricken text as follows: (G) Determination of Density Units. I. For the purposes of developing land for residential development, the number of density units for any proposed development shall be determined by determining the total number of dwelling units within the quarter-quarter section of the applicable area as defined by the Public Land Survey. Accessory dwelling units are not counted for the purposes of determining density. The quarter-quarter sections correlate with the “40 acres” referred to by 153.200.030. The City may grant bonus density units, under the Open Space Conservation Design performance standards of this Chapter. applying the following steps: a. The maximum number of density units for the project area shall be calculated by dividing the project area in acres by the maximum density for the district. b. To determine the allowable number of density units, the applicant must create a Yield Plan drawn to scale showing the maximum number of lots that would be permitted using the performance standards for lots in a Conventional Subdivision that is designed in accordance with the applicable sections of this UDC and Comprehensive Plan. The applicant must submit the Yield Plan to the Zoning Administrator for review. If, after determining the maximum number of lots in a Conventional Subdivision, a lot could be created that meets 80% of the minimum lot size and otherwise meets all other lot requirements for the Base Zoning District, then that lot shall be considered as one (1) lot for density computation purposes. Removed Text: Strikethrough New Text: Red Underlined Page 2 of 2 Section 2 Effective Date. This ordinance shall be in full force and effect upon its adoption. Passed and adopted by the City Council of the City of Scandia this 21st day of November 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator