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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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