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6. Memo Public Hearing UDC 06072022 City of Scandia – UDC Public Hearing 1 City of Scandia Zoning & Development Code Update June 3, 2022 TO: Planning Commission CC: Ken Cammilleri, City Administrator Evan Monson, Consulting City Planner Chris Nelson, City Attorney FROM: Jennifer Haskamp, AICP, SHC RE: Public Hearing for UDC The following memo is provided to summary the outcomes of the first public hearing held to consider the draft Unified Development Code (UDC). A second public hearing has been scheduled for June 7, 2022 to consider the draft UDC. Please note that no changes to the UDC have been made so that the same document is considered during both public hearings. After the public hearing is closed on June 7th, staff is seeking discussion and action to recommend proposed changes to the draft before sending it to the City Council for its review and consideration. A summary of the May 23, 2022 public hearing is provided to aid in your discussion after the close of the June 7th, Public Hearing. May 23, 2022 Public Hearing/Meeting Summary After a brief presentation, the Public Hearing was opened so that members of the public could provide testimony regarding the draft UDC. A full record of the public hearing will be documented in the official minutes. The following Summary is provided regarding items the Planning Commission directed staff to bring forward for discussion by the Planning Commission at the next meeting on June 7th. • Accessory Building Standards regarding the number of permitted buildings. o Table 153.200.030-20 Accessory Building Dimensional Size Standards identifies the total square footage and total number of accessory buildings permitted by lot size. Public testimony was provided, and was documented in writing, requesting consideration to adjust the total number of Structures permitted. o Public testimony was provided to request consideration of excepting all sheds (buildings less than 120 SF) from the total number of buildings and size permitted within section 153.200.030 Subd. 6. This included a request that trash/recycling bin sheds be permitted and not count towards maximums. o As documented in the memo provided by the Hellers, they requested consideration to add language back into the UDC to permit Accessory Buildings in front of the principal structure if setback from the road right-of-way greater than 200-feet. ▪ The Planning Commission requested further discussion regarding these items at the June 7th Planning Commission meeting. • Permitted Encroachments. o Public testimony was provided requesting consideration of the following: City of Scandia – UDC Public Hearing 2 ▪ Adjust the permitted encroachment of identified objects/structures from 36 inches to 48 inches. The example provided was an accessible ramp. ▪ As document in the Heller written testimony, they request consideration of adding outdoor appliances including air conditions, exterior heat pump, generator, outdoor wood boiler, hot tubs, etc., to be added to the list of items that would be permitted to encroach into the setback. ▪ The Planning Commission requested further discussion regarding this item at the June 7th Planning Commission meeting. • Adjustments to the Local Solar Energy Systems. o Public testimony was provided requesting the following changes to this section: ▪ Change “UL Listed” to “listed” consistent with the industry standards ▪ Requested consideration to increase the size of ground arrays permitted by-right. Instead of providing specific SF maximum, it was requested that the size be determined based on permitted usage as regulated by the power company. Discussion/Considerations To assist the Planning Commission in its discussion, staff provides the following comments regarding the provided public testimony: • Accessory Building Standards regarding Number: o Other communities of similar size and character permit the increase in number of buildings based on the size of a parcel. For example, the nearby city of Grant allows the following: ▪ 0-4.99 Acres – Permits two (2) buildings and one (1) shed ▪ 5-9.59 Acres – Permits three (3) buildings and one (1) shed ▪ 9.6 – 19.99 Acres – Permits four (4) buildings and one (1) shed ▪ 20+ Acres – No limit o This example is provided for reference and to aid in discussion. Staff does not recommend providing an unlimited number of buildings anywhere in the City, but could consider proving, by-right, additional buildings proportional to the size of a parcel. o Most other communities staff researched do limit the number of sheds that can be excepted from the total number and SF of accessory buildings on a site. Most codes reviewed provided exceptions for one or two sheds per lot. • Permitted Encroachments: o The intent of permitting encroachments is not to encourage siting principal or accessory buildings on setback lines. Instead, the permitted encroachments is meant to address situations where all improvements cannot be sited within the buildable area due to some site constraint. For example, in many of the Base Zoning districts the side yard setback is 10- feet, which could result in 20-feet of separation between structures. If both structures have permitted encroachments into the side yard of 48” (4-feet) then there is only 12-feet of separation between structures (as opposed to 14-feet if only 36” is permitted). o Additional permitted encroachments. ▪ Staff reviewed other codes for reference, and generally the permitted exceptions tend to be tailored to the individual community. However, the following permitted encroachments were consistently identified: City of Scandia – UDC Public Hearing 3 ▪ Windowsills and wells, off-street open parking, flues, leaders, lintels, cornices eaves, gutters awnings, steps, ramps, chimneys, flag poles, sidewalks. ▪ Staff notes that many of the items suggested with the memo submitted by the Hellers could be categorized as “essential services.” Staff would not recommend the inclusion of hot tubs, pools, or similar since these tend to be characterized as structures and as places for gathering. • Adjustments to Solar Energy Systems. o Staff is comfortable adjusting the language in the code to “Listed” consistent with the industry standards. o While staff understands the desire to remove the permitted SF of a ground mounted system and regulate the size based on the power company’s standards, there is not a good way for the City staff to monitor, regulate or enforce this in the future. Therefore, staff recommends leaving the code as-is with a maximum SF for ground mounted arrays. • Miscellaneous Comments/Notes. o Revised Zoning Map: The Zoning Map has been updated to clean up some parcels at the recommendation of City Staff. Also, we have identified the known PUD and OS-PUD areas as overlay on the map for your consideration. By identifying these areas as a PUD it will make it easier to identify areas where certain flexibility from the ordinance were granted. o Misc. edits from the Heller’s memo. There are several typographical edits from the Heller’s memo. Staff will make the non-substantive edits prior to the UDC being presented to the City Council. If there are any additional substantive changes suggested in the memo that the Planning Commission wishes to discuss, please be prepared to bring them up for discussion at the June 7th meeting.