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7.a)7) Staff Report-ScandiaPC 4 per 40 Memo Council 7 15 14 Memorandum To: Scandia City Council Reference: 4 per 40 Dwelling Unit Density Ordinance Amendment Copies To: Kristina Handt, City Administrator Brenda Eklund, Clerk Project No.: 15486.000 From: Sherri Buss, RLA AICP, Planner Routing: Date: July 9, 2014 Background In late 2013, the Planning Commission began to discuss the Development Code requirement for a maximum density of 4 dwelling units per 40 acres in the Agricultural Core and General Rural districts, and how this requirement is currently interpreted for subdivision applications. The Commission initiated the discussion after a subdivision was approved that created a buildable lot that the applicant did not intend to develop with a residential building. The Commission was concerned that the creation of the parcel may lead to confusion for other property owners in the quarter-quarter section about the opportunities to build or subdivide their parcels, or could lead to a higher density within the quarter-quarter section in the future than is permitted by the Development Code. Commission members suggested that the interpretation of the code that permitted the creation of the parcel did not reflect the intent of discussions held during the development of the 2030 Comprehensive Plan update. The City Attorney indicated that the current language in the Code that permits the “maximum density” of 4 dwelling units per 40 acres allows the creation of more than 4 buildable lots per 40 acres, as long the maximum number of dwelling units is 4 within the 40 acres, and indicated that the City’s current interpretation of the language in the Code related to density is correct. The Commission reviewed the language in the Comprehensive Plan, and the Metro Council’s density standards for rural areas. The density goals and policies in Scandia’s 2030 Comprehensive Plan related to the 4 dwelling unit per 40 acres density requirement include the following:  Create a new Agricultural Core zoning district with a maximum density of 4 units per 40 acres. Within the 4 per 40 density limit, a variety of lot size will be encourage in the manner of the current lot averaging zoning—lots of 2 to 5 acres in size or 20 acres or greater would be allowed. Bonus densities are allowed if developers use the Open Space Conservation Subdivision approach.  Create a new General Rural zoning district that allows a maximum density of 4 dwelling units per 40 acres, with a minimum allowed lot size of 2 acres; lot averaging is not Scandia City Council 4 per 40 Ordinance Amendment Page 2 July 15, 2014 required. Bonus densities are allowed if developers use the Open Space Conservation Subdivision approach.  The land use discussion in the Comprehensive Plan notes that the intent of the General Rural District is to establish a rural residential area that directly meets the Metropolitan Council guidance of densities of no more than 1 housing unit per 10 acres in Diversified Rural Areas. While many communities have a minimum 10-acre lot size in rural zoning districts, Scandia’s 4 units per 40 acres density requirement is intended to allow flexibility in lot sizes, while meeting the Metro Council’s density policies. Staff contacted the Metro Council staff regarding the 4 per 40 issue, and Council staff indicated that their policies limit densities to 4 dwelling units per 40 acres, but Council policies do not address the density of buildable lots. Commission Discussion in early 2014 In March, 2014, the Planning Commission reviewed three options for addressing the density issue through an amendment to the Development Code or through adoption of a policy to clarify interpretation of the code. The Commission recommended moving forward with the option to change the language in the Code from “4 dwelling units per 40 acres” to “4 buildable lots per 40 acres (original quarter- quarter section)” on the dimensional tables in the Code sections for the Agriculture Core and General Rural Districts. The recommended language change is included in the proposed ordinance amendment, attached. Existing Lots and Nonconformities It is important to note that dwelling units that were created before the adoption of the “4 dwelling units per 40 acres” density standard are not affected by the newer density standard. Lots that do not meet the current density standard (for example, 10-acre lots in the General Rural District) and that were created before the adoption of the 4 dwelling units per 40 acres standard are legal nonconforming lots that may be developed for one single family detached dwelling without a variance if they meet the following requirements:  The lot was legally established in accordance with all applicable zoning and subdivision requirements existing at the time of its creation and is a separate, distinct tax parcel. (The owner would need to provide evidence of when the parcel was created.)  Development is consistent with the Comprehensive Plan and the lot is zoned for single- family use.  The lot meets 66% of the dimensional standards for lot size and lot width in the zoning district and/or Shoreland Overlay District.  The lot has frontage and access on an improved public street or approved private road.  The lot is suitable for installation of a Type 1 sewage treatment system.  All structure and septic system setbacks can be met.  Impervious coverage does not exceed 25%.  If the lot that does not meet the minimum requirement is one of two or more contiguous parcels under a single ownership, the lots must be combined so that the combination of lots will equal one or more conforming lots. Scandia City Council 4 per 40 Ordinance Amendment Page 3 July 15, 2014 Planning Commission Meeting and Public Hearing on July 1 The Planning Commission held a public hearing on the proposed amendment to the density requirement in the Agriculture Core and General Rural district, to change the language from “4 dwelling units per 40 acres” to 4 buildable lots per 40 acres (original quarter-quarter section).” The Commission received no written or verbal comments from the public on the proposed change. The Commission recommended that the Council approve the ordinance amendment.