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4.c) Staff Report-4 dwellings per 40 acres from Jan mtg Memorandum To: Scandia Planning Commission Reference: 4 per 40 Dwelling Unit Density Copies To: Kristina Handt, City Administrator Brenda Eklund, Clerk Project No.: 15486.000 From: Sherri Buss, RLA AICP, Planner Routing: Date: December 30, 2013 Background During the recent review of the Lund Minor Subdivision application, the Planning Commission discussed the Development Code requirement for a maximum density of 4 dwelling units per 40 acres, and how this requirement would impact the Lund parcels. This memo reviews the policy discussion related to densities in the Agriculture Core and General Rural Districts in the Comprehensive Plan, density requirements in the Development Code (past and present), and guidance for interpreting the 4 dwelling units per 40 acres requirement for future subdivision applications. Comprehensive Plan and Metropolitan Council Density Policies The density goals and policies in Scandia’s 2013 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. 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. Scandia Planning Commission 4 per 40 Dwelling Unit Density Page 2 January 7, 2014 The Comprehensive Plan notes that the new General Rural District includes significant areas that were already developed at five-acre average densities. The higher-density pre-dated the Metropolitan Council’s 4 dwelling units per 40 acres density policy in Diversified Rural Areas. The Plan indicates that “other than extremely limited in-fill, new five-acre lots will not be built” because they would conflict with the Metropolitan Council policy. Both the Metropolitan Council policies for the rural area and the City’s Comprehensive Plan are specific in calling for a maximum density of 4 dwelling units per 40 acres in the Agricultural Core and General Rural Districts. Development Code Density Standards The goals and policies included in the Comprehensive Plan were implemented when the Development Code was updated. The maximum 4 dwelling unit per 40 acres standard was adopted for the Agricultural Core and General Rural Districts, with an allowance for some smaller lot sizes in each district, as long as the general density standard is maintained. Chapter 2 of the Development Code discusses Lot Averaging, and notes that this approach to development allows the property owner to create parcels smaller than those of a conventional subdivision, providing that the density does not exceed the maximum density permitted for the zoning district. The City Administrator and Planner discussed the density requirement in the Development Code with the current City Attorney and previous City Attorney. Both indicated that the correct interpretation of the density requirement is that a maximum 4 dwelling units are permitted per 40-acres. The previous City Administrator noted that New Scandia Township’s zoning ordinance had included a provision that if a landowner had a larger-size parcel, it could be divided once more regardless of the impact on density, but that provision was deliberately eliminated from the revised code adopted in 2010 because the provision conflicts with the Metro Council density standard for Diversified Rural Areas. In the case of the Lund Minor Subdivision, the 28.29 parcel that was proposed for subdivision included no existing dwelling units. The other 3 existing parcels within the 40-acre area each have 1 existing dwelling unit. Therefore, 1 additional dwelling unit may be permitted within the 40-acre area. If no unit is created on the Lund parcel, one more unit could be added on Virginia Coller’s 24-acre parcel. The other 3 existing parcels could not be subdivided under the current ordinance. Existing Lots and Nonconformities 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: Scandia Planning Commission 4 per 40 Dwelling Unit Density Page 3 January 7, 2014  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. Planning Commission Discussion The Planning Commission should discuss the density requirement and its impacts on new subdivisions in the City. The Commission may identify issues for consideration in the next Comprehensive Plan process or ordinance update.