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5.b) and c) Staff Report-ScandiaPC Ordinance items 10 7 14 Memorandum To: Scandia Planning Commission Reference: Ordinance Items—address requests from August meeting Copies To: Kristina Handt, City Administrator Brenda Eklund, Clerk Project No.: 15486.000 From: Sherri Buss, RLA AICP, Planner Routing: Date: October 1, 2014 The Planning Commission discussed some potential changes to the Development Code at the July and August meetings. At the August meeting, the Commission requested information or ideas from the Planner on several topics. The items and suggested options for discussion at the October meeting are included below (identified in Bold text). The text for the other items that we discussed in August (3-5 below) have not changed: 1) Add language to the Development Code to permit an “administrative exception” for lots that are close to, but do not meet, the ordinance requirements for some approvals. Stillwater Township’s attorney created a section that was added to the Stillwater Township ordinance to allow for “administrative deviations,” in response to some similar issues in the Township. Such exceptions are allowed by many municipalities. I have attached a copy of the section that was added to the Stillwater Ordinance. It was placed in the Administrative chapter of the zoning ordinance. The Stillwater ordinance allows the administrative exceptions through approval of an administrative permit. We have used it only about once per year since it was adopted, and do not use it for minimum lot sizes for subdivision. The Scandia Planning Commission asked for information on the following issues at the August meeting:  Has there been language regarding “marginal” lots in the Code in the past? City staff reviewed past ordinance language, and could find no reference to “marginal lots” in past Code language. The code does include a couple of items related to lots that do not meet minimum size requirements: The subdivision ordinance includes a requirement that “All remnants of lots below minimum lot size left over after subdividing a larger tract must be added to adjacent lots or planned as outlots, rather than allowed to remain as unusable Scandia Planning Commission Ordinance items from July 1 Meeting Page 2 October 7, 2014 parcels. The development agreement shall restrict the use and ownership of outlots.” The Code includes a definition for “nominal parcels: A parcel not reduced by more than 10% of its lot area due to road right-of-way dedication.” However, nominal lots are not referenced anywhere in the Development Code, so staff do not know how this definition has been used by the City in the past. The Planner asked Dennis O’Donnell from Washington County about the definition, since many elements of the County Code became part of the City’s code after incorporation. Dennis said that the same definition of “nominal parcels” exists in the County’s Code, but that to his knowledge it has never been used, and nominal parcels are not mentioned anywhere in the County’s Development Code other than the definitions section. The definition of “nominal parcels” may have been intended for a similar purpose to “administrative deviations” used in Stillwater Township—to allow parcels that are smaller than a minimum requirement due to right-of-way dedication to be considered to meet the minimum requirement, but the intent of the definition is not clear because nominal parcels are not discussed elsewhere in the Code. The Planning Commission could consider whether this definition should be used or removed from the Code.  Should neighbors receive notice about administrative permits for administrative exceptions? Neighbors are not noticed when an administrative permit is granted. If the Planning Commission wants to use the option for “administrative exceptions” to be granted by administrative permit, it should be for items where notice to neighbors is not a concern.  What items could the change to permit administrative exceptions affect in the Development Code? The following items in the development code require a minimum lot size: o Minimum lot sizes permitted in each zoning district o Sizes and numbers of accessory structures o Minimum lot size permitted for cemeteries (5 acres) o Minimum lot size permitted for golf driving ranges (35 acres) o Minimum lot size permitted for commercial kennels (10 acres) o Minimum lot size for livestock (5 acres) o Minimum lot size for motor vehicle/recreational vehicle/boat sales (2.5 acres) o Minimum lot size for resort (50 acres) o Minimum lot size for wind energy systems (10 acres) o Minimum lot size for yard waste facilities (10 acres) o Minimum lot size for Open Space Conservation Development (40 acres) o Exemption from subdivision requirements for large lots (all parcels exceed 20 acres in size and have 500 feet of roadway frontage) Scandia Planning Commission Ordinance items from July 1 Meeting Page 3 October 7, 2014 The Planning Commission should consider whether there is an interest in allowing administrative deviations for some or all of the items listed: for example, the ordinance could specify that the deviations do not apply to minimum lot sizes for subdivision, but could apply to permit livestock or the other uses listed in Section 3.0 Development Standards on parcels that are slightly smaller than the minimum lot sizes required for those uses. The Subdivision Ordinance includes a current requirement that “No lot shall have less area or width than is required by zoning regulations applying to the area in which it is located.” 2) Add language to provide incentives or exceptions to ordinance requirements to encourage preservation of historic structures in the accessory structures section of the ordinance. The question before the Commission was an application that needed a variance to construct an accessory building closer to the roadway than the primary structure. At the August meeting, the Commission requested a definition of “historic structures,” and some options for providing a “bonus” or incentives to residents who preserve historic structures. The Development Code currently includes a definition for “Historic Building and Structure: A structure which has been identified by the Washington County History Network Inventory or the State Historic Preservation Office and other undesignated structures such as residences and barns having public value due to its notable architecture or historic features relating to the cultural heritage of the community.”  The Planner could not find the “Washington County History Network Inventory” on line. The Washington County Historical Society has a list of historic structures on their website—those listed for Scandia are also listed in the City’s Comp Plan. If the Commission wants to update the definition, the reference could be changed to Washington County or the Washington County Historical Society, unless we can identify the Inventory referenced in the definition.  Given the Gacek example, the ordinance could apply to “A structure or group of structures”, and “farmsteads” could be listed as an example. The attached Accessory Structure section of the Development Code includes some options in Red type for addressing the Gacek issue and providing incentives for preserving historic structures, including:  An item that would allow historic structures or structures that maintain the appearance of a historic farmstead to be located closer to the roadway right-of- way than the principal structure on the parcel. An administrative permit could be required so that there is staff review of the proposed buildings and location. This might require adding a definition of historic farmstead to the ordinance.  An item that would address historic structure height. This could address the issue in the Rodsjo application that will be heard on October 7. If the Commission wants to allow historic structures to exceed the maximum height requirement, the City would also need to change the language in Chapter Two, Scandia Planning Commission Ordinance items from July 1 Meeting Page 4 October 7, 2014 Section 3.1 Item 3(f) to the following: “Height. No structure shall exceed the maximum height permitted for the zoning district in which it is located, except for church spires, chimneys, flag poles up to 45 feet in height, silos, wind generators, and historic buildings and structures.”  A item that would permit the city to grant an exception to the number and total square footage of accessory structures on the parcel for Historic Buildings and structures. Staff recommend that the exception could be made by administrative permit. The Zoning Administrator has the option to bring the permit to the Planning Commission if needed for review or recommendations. o The option suggests that this could be done on parcels that exceed 3 acres in size. The Commission should discuss whether it could be recommended for smaller parcels as well. o The Commission should discuss whether the number or total area of historic accessory structures should be limited. The Planner reviewed other communities and resources to determine if there were some examples of ordinance exceptions or incentives for historic structures. Ordinance exceptions for historic structures typically included exceptions for signage or other building elements, but did not relate to accessory structures. Cities that provide incentives for preservation of historic structures typically did so through allowing uses not typically allowed in zoning districts (such as B&B’s), creation of historic districts or overlay districts with unique standards or requirements, by eliminating or reducing permit costs for preservation actions, or by providing financial incentives.