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08.b2 Density Determination - CC Packet1 | P a g e Date of Meeting: December 19, 2023 To: Mayor Maefsky and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: UDC Amendment Regarding Density Determination 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. The staff report to the Planning Commission from the November 7, 2023, meeting is attached and includes the background of the project as well as an analysis based on the standards in the Unified Development Code. The ordinance and related resolutions were tabled at the November 21, 2023, City Council meeting at the suggestion of the City Attorney to consider different wording for the ordinance. The following changes have been made to the proposed language: I. For the purposes of developing land for residential development, tThe number of density units for any proposed development shall be determined by the total number of dwelling units located within the quarter-quarter section of the applicable area as defined by the Public Land Survey. … ANALYSIS Planning Commission The Planning Commission reviewed the application at their November 7, 2023, meeting. The Planning Commission held a public hearing where no comments were received. The Planning Commission then closed the public hearing. 2 | P a g e The Planning Commission discussed the difficulty in the general public understanding density determination, how the amendment impacts existing lots and a development, and flexibility through PUDs. The Planning Commission moved to recommend approval of the amendment. The motion was approved with a vote of 4-0. The Planning Commission also requested that additional illustrated examples be included in the UDC. Staff Analysis Staff believes the proposed amendment will correct the method of density determination as directed by the City Council. COUNCIL ACTION The City Council 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 RECOMMENDATION The Planning Commission recommends the following: Motion to approve Ordinance 2023-16 amending the Scandia Unified Development Code Section 153.400.020 regarding density determination. Staff recommends the following: Motion to approve Resolution 12-19-23-07 Findings of Fact for Ordinance 2023-16 and Resolution No. 12-19-23-08 Summary for Publication of Ordinance 2023-16 Attachments A. Ordinance 2023-16 Regarding Density Determination B. Resolution 12-19-23-07 Findings of Fact for Ordinance 2023-16 C. Resolution 12-19-23-08 Summary for Publication of Ordinance 2023-16 D. City Council "UDC Amendment to Section 153.600.020" Packet, November 21, 2023. Page 1 of 4 CITY OF SCANDIA ORDINANCE NO.: 2023-16 AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE SECTION 153.400.020 REGARDING DENSITY 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, tThe number of density units for any proposed development shall be determined by the total number of dwelling units located within the quarter-quarter section of the applicable area as defined by the Public Land Survey. This determination is specific to physical structures and not lots that contain dwelling units. 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. Page 2 of 4 ` ` Page 3 of 4 Section 2 Effective Date. This ordinance shall be in full force and effect upon its adoption. Page 4 of 4 Passed and adopted by the City Council of the City of Scandia this 19th day of December 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 12-19-23-07 APPROVING FINDINGS OF FACT FOR AN ORDINANCE 2023-16 FOR AN AMENDENT TO THE UNIFIED DEVELOPMENT CODE WHEREAS, the City of Scandia adopted the Unified Development Code (UDC) on September 20, 2022, to replace the previous zoning and subdivision codes’ and WHEREAS, the City identified the need to update the UDC to amend language and correct errors in Section 153.400.020; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on November 7, 2023, and recommended that the City Council approve the request; and WHEREAS, the City Council has adopted an Ordinance 2023-16 amending the Unified Development Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does support the request for an amendment to the Unified Development Code. Whereupon, said Resolution is hereby declared adopted on this 19th day of December 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator 1 CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 12-19-23-08 A RESOLUTION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE NO. 2023-13, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA, AMENDING SECTION 153.400.020 REGARDING DENSITY DETERMINATION WHEREAS, On December 19, 2023, at a Meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance 2023-16 which amends the Scandia Unified Development Code regarding density determination; and WHEREAS, State law requires that all ordinances adopted be published prior to becoming effective; and WHEREAS, the City Council for the City of Scandia has determined that publication of the title and a summary of Ordinance 2023-16 would clearly inform the public of the intent and effect of the Ordinance; and WHEREAS, the City Council for the City of Scandia has reviewed the summary of Ordinance 2023-16 attached and incorporated herein as Exhibit A; and WHEREAS, the City Council for the City of Scandia has determined that the text of the summary clearly informs the public of the intent and effect of Ordinance No. 2023-16. NOW THEREFORE BE IT RESOLVED, the City Council for the City of Scandia hereby: 1. Approves the text of the summary of Ordinance No. 2023-16 attached as Exhibit A. 2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 2023-16 in all public locations designated by the City Council. 3. Directs the City Clerk to publish the summary in the City’s legal newspaper within ten days. 4. Directs the City Clerk to file the executed Ordinance upon the books and records of the City along with proof of publication. Passed and adopted by the City Council of the City of Scandia this 19th day of December 2023. ____________________ Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator 2 Exhibit A Ordinance Summary SUMMARY PUBLICATION OF ORDINANCE NO. 2023-16, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA, AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE WITH REGARDING DENSITY DETERMINATION On December 19, 2023, at a Meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2023-16 which amends the Scandia Unified Development Code regarding density determination: • Amending how density is determined throughout the City to align with the intention and history of past practices in the City; and • Detailing how density is determined using the Quarter-Quarter sections of the Public Land Survey; and • Adding illustrations to explain density determination and provide various examples of lot configurations. A printed copy of the Ordinance is available for inspection by any person during regular office hours at City Hall or by standard or electronic mail. 1 | P a g e Date of Meeting: November 21, 2023 To: Mayor Maefsky and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: UDC Amendment to Section 153.400.020 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. The staff report to the Planning Commission from the November 7, 2023, meeting is attached and includes the background of the project as well as an analysis based on the standards in the Unified Development Code. ANALYSIS Planning Commission The Planning Commission reviewed the application at their November 7, 2023, meeting. The Planning Commission held a public hearing where no comments were received. The Planning Commission then closed the public hearing. The Planning Commission discussed the difficulty in the general public understanding density determination, how the amendment impacts existing lots and a development, and flexibility through PUDs. The Planning Commission moved to recommend approval of the amendment. The motion was approved with a vote of 4-0. The Planning Commission also requested that additional illustrated examples be included in the UDC. 2 | P a g e Staff Analysis Staff believes the proposed amendment will correct the method of density determination as directed by the City Council. COUNCIL ACTION The City Council 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 RECOMMENDATION The Planning Commission recommends the following: Motion to approve Ordinance 2023-13 amending the Scandia Unified Development Code Section 153.400.020 regarding density determination. Staff recommends the following: Motion to approve Resolution 11-21-23-04 Findings of Fact for Ordinance 2023-13 and Resolution No. 11-21-23-05 Summary for Publication of Ordinance 2023-13 Attachments A. Ordinance 2023-13 Regarding Density Determination B. Resolution 11-21-23-04 Findings of Fact for Ordinance 2023-13 C. Resolution No. 11-21-23-05 Summary for Publication of Ordinance 2023-13 D. Planning Commission "UDC Amendment to Section 153.600.020" Packet, November 7, 2023. Page 1 of 4 CITY OF SCANDIA ORDINANCE NO.: 2023-13 AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE SECTION 153.400.020 REGARDING DENSITY 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 located within the quarter-quarter section of the applicable area as defined by the Public Land Survey. This determination is specific to physical structures and not lots that contain dwelling units. 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. Page 2 of 4 ` ` Page 3 of 4 Section 2 Effective Date. This ordinance shall be in full force and effect upon its adoption. Page 4 of 4 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 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 11-21-23-04 APPROVING FINDINGS OF FACT FOR AN ORDINANCE 2023-13 FOR AN AMENDENT TO THE UNIFIED DEVELOPMENT CODE WHEREAS, the City of Scandia adopted the Unified Development Code (UDC) on September 20, 2022, to replace the previous zoning and subdivision codes’ and WHEREAS, the City identified the need to update the UDC to amend language and correct errors in Section 153.400.020; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on November 7, 2023, and recommended that the City Council approve the request; and WHEREAS, the City Council has adopted an Ordinance 2023-13 amending the Unified Development Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does support the request for an amendment to the Unified Development Code. Whereupon, said Resolution is hereby declared adopted on this 21st day of November 2023. Christine Maefsky, Mayor ATTEST: Kyle Morell, City Administrator 1 CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 11-21-23-05 A RESOLUTION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE NO. 2023-13, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA, AMENDING SECTION 153.400.020 REGARDING DENSITY DETERMINATION WHEREAS, On November 21st. 2023, at a Meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance 2023-13 which amends the Scandia Unified Development Code regarding density determination; and WHEREAS, State law requires that all ordinances adopted be published prior to becoming effective; and WHEREAS, the City Council for the City of Scandia has determined that publication of the title and a summary of Ordinance 2023-13 would clearly inform the public of the intent and effect of the Ordinance; and WHEREAS, the City Council for the City of Scandia has reviewed the summary of Ordinance 2023-13 attached and incorporated herein as Exhibit A; and WHEREAS, the City Council for the City of Scandia has determined that the text of the summary clearly informs the public of the intent and effect of Ordinance No. 2023-13. NOW THEREFORE BE IT RESOLVED, the City Council for the City of Scandia hereby: 1. Approves the text of the summary of Ordinance No. 2023-13 attached as Exhibit A. 2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 2023-13 in all public locations designated by the City Council. 3. Directs the City Clerk to publish the summary in the City’s legal newspaper within ten days. 4. Directs the City Clerk to file the executed Ordinance upon the books and records of the City along with proof of publication. 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 2 Exhibit A Ordinance Summary SUMMARY PUBLICATION OF ORDINANCE NO. 2023-13, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCANDIA, MINNESOTA, AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE WITH REGARDING DENSITY DETERMINATION On November 21st, 2023, at a Meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2023-13 which amends the Scandia Unified Development Code regarding density determination: • Amending how density is determined throughout the City to align with the intention and history of past practices in the City; and • Detailing how density is determined using the Quarter-Quarter sections of the Public Land Survey; and • Adding illustrations to explain density determination and provide various examples of lot configurations. A printed copy of the Ordinance is available for inspection by any person during regular office hours at City Hall or by standard or electronic mail. 1 | 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 153.400.020 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