7. Draft update to Subdivision Regulations pertaining general pervisions right-of-way dedication and minimum design standards 2-8-2022
DRAFT Ordinance No. 1932022-01___ Page 1 of 4
CITY OF SCANDIA
WASHINGTON COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 2022-XX
AN ORDINANCE AMENDING
CHAPTER 3 – SUBDIVISION REGULATIONS OF SCANDIA DEVELOPMENT CODE
TO ADD PERMISSABLITY OF RIGHT-OF-WAY AND STREET DEDICATION IN A
MINOR SUBDIVISIONS, TO MODIFY MINIMUM DESIGN STANDARDS FOR ROAD
AND STREETS IN ENVIRONMENTALLY SENSITIVE AREAS, AND TO AMEND
THE MAXIMUM WIDTH REQUIREMENTS OF CU-DU-SACS
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains
the following amendments to the scandia Code of Ordinances:
Section 1. Amendment to the regulations Land Development with regard to the application
of Subdivisions. To amend Chapter 153 of the Scandia Code of Ordinances – Development
Code (“Development Code” or “Code”) Chapter 2 – Zoning Regulations, Section 5.0 Land
Development Types and Applicability.
5.1 Land Development Subdivision Design. Four types of residential subdivisions are permitted.
to provide flexibility for landowners and to help the City achieve the goals in the Comprehensive
Plan. The four types of residential subdivision design are: 1) conventional subdivision, 2) lot
averaging, 3) Open Space Conservation Subdivision (OSCS), and 4) Planned Unit Development
(PUD). Mixed use commercial and residential subdivisions may be development in a manner
consistent with applicable zoning regulations as specified in Chapters 2 and 3 of this code.
(1) Open Space Conservation Subdivisions and Lot Averaging Subdivisions must also adhere to
the requirements set forth within the Lower St. Croix River Bluffland Corridor Overlay District
and Shoreland Management Overlay District. The development of land within the Lower St.
Croix River Bluffland and Shoreland Management District shall be determined in accordance
with the regulations of that district. When there is conflict between the application of
requirements of the overlay district and this section, the more stringent requirement shall apply.
(2) The following table summarizes the four types of land development, and indicates the zoning
districts where each is permitted in the City:
Subdivision
Design Type
AG-C AP GR VN VMU A VMU B R COMM
Conventional X X X X X
Lot Averaging X X X X
Open Space
Conservation
X X
Planned Unit
Development
X X X X
Commented [KC1]: The Code clearly allows commercial and
industrial development within permitted areas, but the existing
wording of this section implies that subdivisions can only be created
for residential activities. As a point of clarification, a
“development” can be the simple act of building a structure on a
vacant lot. This whole section is really subdivision regulations and
is not a good fit with general zoning regulations of Chapter 2. This
may no longer be a concern with the upcoming unified development
code.
Commented [KC2]: This provision lacked consistency with the official district names and also does not make since. If these developments are allowed, these should adhere to all requirements of the overlay district, the base zoning district, and the general provisions of the code. Requests for these types of subdivisions can easily be denied based on environmental considerations and the more stringent zoning requirements.
Commented [KC3]: This is highly unusual. Subdivisions are
implied to allowed where ever a division can produce buildable lots
that meet both site standards and district density. What is a
conventional subdivision? This is not industry standard terminology
and has no definition in the code. lot line adjustments and lot
combinations are another form of subdivision that is conspicuously
absent from this table. How is that treated if this table were to be maintained.
Commented [KC4]: Lot Averaging by design would only occur
in rural districts anyway, so this does not make any sense. This
should be removed. The only location where Lot Averaging would
not legally work is in Agricultural Preserves. This is clearly noted in
Ch. 2 Sec. 2.5. The AP status establishes a density of one dwelling
unit per 40 acres, and our code does not allow the creation of new
AP smaller than 40 acres, however, we are more stringent. Removal
from the AP program by petition to the City would be the only way
to divide land in this district, especially if lots were intended to be
buildable.
Commented [KC5]: This does not make since. By design an open space conservation subdivision is a planned unit development because it breaks convention and consistency with the base zoning district. How can OSC be allowed where PUD is not, that does not work. Remember that base zoning conditions and the conditions of these sections by design rule out areas of the community. You do not need this table at all.
DRAFT Ordinance No. 1932022-01___ Page 2 of 4
(3) Conventional Subdivision: divides property into lots according to the density, minimum lot
size and minimum lot width requirements for the zoning district.
Section 2. Amendment to the regulations of planned unit developments with regard to its
application to conservation subdivisions and developments. To amend Chapter 153 of the
Scandia Code of Ordinances – Development Code (“Development Code” or “Code”) Chapter 2 –
Zoning Regulations, Section 7.1, Planned Unit Development Purpose, shall be amended to
include the following purpose:
(7) To provide flexibility to the implementation of Open Space Conservation Subdivisions, lot
averaging subdivisions, and for permissible institutional uses that may involve more than
principal structure.
Section 3. Amendment to the regulations of planned unit developments with regard to
Districts and Uses. To amend Chapter 153 of the Scandia Code of Ordinances – Development
Code (“Development Code” or “Code”) Chapter 2 – Zoning Regulations, Section 7.3, Planned
Unit Development Districts, Uses, and Density, shall be amended as follow in the underlined
text.
(1) PUDs are allowed by Conditional Use Permit in the Village Neighborhood (VN), Village
Mixed Use - A, (VMU A), Village Mixed Use – B (VMU B), Industrial Park (IP) and Rural
Commercial (R COMM) Districts. Planned Unit Developments shall serve as overlay zoning
districts of effective properties and may be amendable based on other requirements of Chapter
153 of this code and on the conditions and/or requirements included within an authorizing
conditional use permit as approved.
(2) An approved PUD with phased implementation shall established with clear site specification
requirements for future anticipated development, including that of future permissible accessory
structures. These specifications should include, as necessary, specifications on lot size, lot
width, length of road frontage, and all setbacks necessary to maintain consistency and
conformity with a development’s special orientation and/or design. In the event a site
specification is not specified specifications of the base zoning district shall be applicable.
(3) A PUD may address all site standards except those subject to wetland conservation
requirements as specified in Chapter 153, sub-chapter 5.
(2) (4) All permitted uses, accessory uses, conditional uses, interim uses, or uses allowed by
administrative permit in the District shall be treated as potentially allowable uses within the
Commented [KC6]: This section should be struck.
Commented [KC7]: Please note these types of developments
must be completed as PUDs, but the wording of the code has not
been conducive to that because of conflicting requirements.
Commented [KC8]: This provision is within direct contradiction
to Ch. 2 Section 5.1 for permitted land development.
Commented [KC9]: Allowing for the possibility of future
amendments may be practical for future development.
Commented [KC10]: This is best practice for PUDs. Some existing PUDs have lacked these details, which has made for a lack of clarity on requirements. This would make future zoning administration more strait forward for all who review future development of the site.
Commented [KC11]: Clarifying what is generally understood
regarding the applicability of PUDs with regards to site standards.
DRAFT Ordinance No. 1932022-01___ Page 3 of 4
PUD. The uses of a property or properties that are considered as part of a PUD must adhere to
the listed permissible, conditional, interim, or accessory uses specified within the requirements
of the base zoning district.
(3) (5) The maximum density of a PUD shall not exceed the maximum density permitted in the
District. A PUD may not alter permitted densities imposed under base zoning requirements,
unless specified as permissible under the requirements and conditions set forth in Section 5 of
this chapter.
Section 4. Amendment to Right-of-Way Dedication Requirements for Minor Subdivisions.
To amend Chapter 153 of the Scandia Code of Ordinances – Development Code (“Development
Code” or “Code”) Chapter 3 – Subdivision Regulations, Section 6.2, Criteria for Minor
Subdivision, (8) shall be amended as follows in the underlined text:
No new public rights-of-way or streets shall be allowed for minor subdivisions created under this section that are
proposed to be outside of designated rural center areas of the city, as identified under the City’s Comprehensive
Plan as necessary for or created by the subdivision. This provision does not apply to the dedication of rights-of-way
for existing roads or streets that have not been platted or established through an existing dedicated easement. In the
event of a new subdivision, right-of-way abutting existing public roads and streets shall be dedicated in accordance
with the provisions of this Chapter regardless of its location within city limits.
Section 5. To amend Subdivision Minimum Design Standards in Environmentally
Sensitive Areas minimum Cul-Du-Sac widths within residential areas. To amend Chapter
153 of the Scandia Code of Ordinances – Development Code (“Development Code” or “Code”)
Chapter 3 – Subdivision Regulations, Section 13.8, Street Design, shall be amended as underlined or
stricken:
All streets shall conform to the Engineering Standards and Detail Specifications as adopted by the City Council as may
be amended, and the following standards:
(1) Streets shall be graded in accordance with a plan approved by the City engineer.
(2) All streets shall be paved with a bituminous surface meeting the Engineering Guidelines/ Standard Detail
Specifications. New streets with gravel surfaces are prohibited.
(3) New streets within the Village Neighborhood (VN) or Village Mixed Use (VMU) zoning districts shall comply
with the standards for Urban Design streets unless otherwise approved by the City. All other streets shall
comply with the standards for Rural Design streets. Minimum right-of-way widths and pavement widths for
each type of public street or road shall be as follows:
Urban Design
Type of Street Minimum Right-of-Way Width Minimum Roadway Width (to face
of curb)
Minor Arterial 120 feet 44 feet
Collector 100 feet 44 feet
Local 66 feet 32 feet
Cul-Du-Sac 120 feet (60 feet radius) 90 feet (45 feet radius)
Rural Design
Type of Street Minimum Right-of Way
Width
Minimum Roadway Width
(edge of pavement)
Shoulder Width
(each side)
Minor Arterial 120 feet 24 feet 8 feet
Collector or 100 feet 24 feet 8 feet
Commented [KC12]: The goal here is to better word this section
to indicate that uses are still regulated by the base zoning district.
Commented [KC13]: Current conservation developments allow for “bonus densities which can alter the number of applicable densities applied to a development.
Commented [KC14]: (3) through (9) to be shifted an
amendment to the engineering design standards.
DRAFT Ordinance No. 1932022-01___ Page 4 of 4
Commercial-
Industrial Street
Local 60 feet 24 feet 4 feet
Cul-de-Sac 120 feet (60 feet radius) 90 feet (45 feet radius) 4 feet
(4) Where a subdivision abuts or contains an existing street of inadequate width, sufficient additional width shall be
provided to meet the above standards.
(5) Additional right-of-way and roadway widths may be required to promote public safety and convenience when
special conditions require it or to provide parking space in areas of intensive use. Additional width may also be
necessary due to topography in order to provide adequate earth slopes.
(6) An obstacle clear free zone shall be provided adjacent to the roadway in accordance with the standards of the
Minnesota Department of Transportation Road Design Manual.
(7) Concrete curb and gutter shall be constructed on both sides of urban designed streets and in areas where the
road centerline grade exceeds 4%.
(8) For rural design roadways, the in-slopes of the ditches shall be at 1:4 (rise over run) and back slopes of the
ditch shall be at 1:3 (rise over run). The ditch bottom shall be 4 feet wide unless suitable erosion control can be
provided. Ditch approaches such at intersections or driveways shall be 1:6 (rise over run).
(9) For urban design roadways, all boulevards shall have topsoil (black dirt) at least 4 inches in thickness placed on
them and then seeded or sodded.
Section 6. Effective Date. This ordinance shall be in full force and effect upon its adoption and
publication according to law.
Passed and adopted by the City Council of the City of Scandia this _____ day of ________,
2022.
Christine Maefsky, Mayor
ATTEST:
Kenneth Cammilleri, City Administrator