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09.d2 Density Inconsistencies - CC Packet1 | P a g e Date of Meeting: June 20, 2023 To: Honorable Mayor and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: Discussion of Density Inconsistency The City has identified a conflict between the 2040 Comprehensive Plan and the Unified Development Code (UDC) that sets inconsistent density standards in the Village Neighborhood (V-N) Base Zoning District. Staff is asking the Council to provide direction to correct the conflict. BACKGROUND The City adopted the UDC on September 20, 2022, to replace the previous zoning and subdivision codes. New zoning districts were adopted as part of the UDC which included guidance for density. Density is also set within the 2040 Comprehensive Plan. The Comprehensive Plan is the guiding document and supersedes the UDC in guiding land development. The City has received an application for Concept Review for the Laurel Ridge Development which includes a rezoning to the Village Neighborhood base zoning district and development at a level that is consistent with the Comprehensive Plan, but not the UDC. ANALYSIS OF STANDARDS The following density standards are established in the 2040 Comprehensive Plan and the UDC. The names of the Base Zoning Districts do not exactly match Future Land Use descriptions. Staff has noted where these discrepancies apply. 2 | P a g e Zoning District Agricultural Preserves Agricultural Core Rural Residential General Rural Residential Neighborhood Village Historic Core Village Center Village Neighborhood Rural Commercial Industrial Park Abbreviations A-P AG-C RR-G RR-N V-HC V-C V-N R-C I-P Maximum Density (DU/AC) per UDC 1 DU/40 AC1 4 DU/40 AC 4 DU/40 AC 4 DU/40 AC 5 DU/40 AC1 5 DU/40 AC2 1 DU/1.5AC2 or 4 DU/40 AC NA NA Maximum Density (DU/AC) per 2040 Comprehensive Plan 1 DU/40 AC 4 DU/40 AC 4 DU/40 AC (General Rural) 4 DU/40 AC (General Rural/Rural Mixed Use) 1 DU/2.5 AC or 1 DU/1 AC3 1 DU/2.5 AC or 1 DU/1 AC3 1 DU/2.5 AC or 1 DU/1 AC3 No Density Established No Density Established 1 Density may exceed 1 DU/40 Acres if criteria established in Minnesota State Statute 473H is met. 2 Maximum Density and corresponding lots sizes may only be achieved if public water and sewer is available and the parcel or lot is hooked up to municipal service. 3 The Comprehensive Plan allows higher density through Conservation Design or Cluster Development, Conditional Use Permits, or Planned Unit Development on a case by case basis, depending on the land use intensity and the ability of the site and/or system to manage wastewater. The Comprehensive Plan Generally allows higher densities in the Village Districts of the UDC than the UDC allows. The Laurel Ridge Development which is currently being reviewed by staff is proposed for the Village Neighborhood zoning district. The UDC guides this area for 4 units per 40 acres if City sewer and water are not available. The 2040 Comprehensive Plan guides this area as Village Neighborhood which allows for development at one unit per 2.5 acres. ANALYSIS Staff Analysis The standards of the UDC are not consistent with the 2040 Comprehensive Plan. Staff is asking direction from staff to provide answers to the following questions: • How is density intended to be enforced? Staff’s current understanding is that the four dwelling units per 40 acres density is intended to be enforced through the original quarter-quarter sections. These sections are identified by the Public Land Survey created during the first government land survey of the state from 1848 to 1907. • Consistency is required between the Comprehensive Plan and the UDC. The UDC can be amended through local approvals. To amend the Comprehensive Plan, amendments must be processed through the local approval process and approved by the Metropolitan Council. • The Comprehensive Plan state that density can be increased through the use of Conditional Use Permits and Planned Unit Developments. Currently, the UDC does not allow for residential development density to be increased through the use of Planned Unit Developments. 3 | P a g e RECOMMENDATION Staff is requesting direction from the City Council to address the inconsistencies between the 2040 Comprehensive Plan and the Unified Development Code. Attachments A. 2040 Comprehensive Plan Chapter 2 Land Use B. Unified Development Code Section 153.200.030 Base Zoning Districts C. Future Land Use Map D. City of Scandia Zoning Map E. Laurel Ridge Concept Plan Table II -H identifies the number of existing housing units in each land use category. Table 11-H — Existing Net Residential Density in Planned Land Use Categories) General Rural District Single Multi- 1/2.5 Acres Development Planned Land Use Family Family Acres Constraints Net Net Density Category Number Number Gross Residential wetlands parks, Units/Acre of Units of Units Residential ROW, etc.) Acres A B C D E=C -D A+B)/E Agricultural Core 229 0 6,953 731 6,221 0.04 General Rural 881 30 9,679 1,232 8,447 0.11 Rural Mixed Use 110 0 419 150 269 0.41 St. Croix River District 60 0 681 114 567 0.11 Village Neighborhood 133 0 1,480 150 1,330 0.10 Village Mixed Use 65 0 287 18 269 0.24 Recreation Area 10 0 2,132 1,566 567 0.02 Protected Total 1,488 30 21,632 3,962 17,671 0.09 Source: Washington County Parcel Data Scandia's zoning code specifies maximum density for various residential development. Based on these requirements, Table II -1 shows the number of housing units per acre that can be developed under current zoning regulations. These densities are anticipated to remain the same in corresponding future land uses. Most large lot residential zoning districts require lots to be a minimum of two acres, and all zoning districts have a maximum lot coverage of 25%. Bonus densities in the Village Neighborhood District allow up to one dwelling unit per acre. This is done to make efficient use of existing resources in Village Neighborhood and to guide residential development to these areas to help preserve agricultural lands and open spaces from development. Table 11-1 — Current Residential Allowed Density Ranges Land Use Category Units/Acres Ordinance Standards) St. Croix River District 4/40 Agriculture Core District 4/40 General Rural District 4/40 Village Neighborhood District 1/2.5 Village Mixed Use A District 1/2.5 Village Mixed Use B District 1/2.5 Until sewer improvements are made, zoning in the Rural Mixed Use area will remain General Rural. The zoning code for the City of Scandia provides a maximum lot coverage for commercial and industrial development. The Metropolitan Council has provided estimates for the number of employees per square feet in various employment types; rates range from 556 square feet per job at the low end (medical clinics) to 2,500 square feet per job at the high end (hotels). Using the city's lot coverage allowance as guidance, an estimate of jobs/square foot can be estimated to project future employment based on future land use designations and planned development. Scandia 2040 Comprehensive Plan Land Use Prepared by: Bolton & Menk, Inc. Page 19 The following land use descriptions will be used for planning purposes and correspond to the planned land use designations on the Planned Land Use Map. a) Agricultural Core The Agricultural Core district is established to protect and preserve land for long-term agricultural production. Over time, the nature of agricultural production in Scandia will most likely change from traditional dairy farms to specialty agriculture and agriculture production for local/metropolitan markets. Residential development compatible with agriculture uses (4 per 40 density) and parks will be a secondary land use in this district. This designation corresponds with the Agricultural Core Area zoning district in the current zoning ordinance. b) General Rural The General Rural area land use category is a residential area of mixed lot sizes. It recognizes areas of Scandia that have been developed in the past at densities of ten acre or less and areas that have larger parcels still used for agriculture. The area includes 10 - acre parcels, but also a number of existing smaller parcels and some parcels enrolled in the Agricultural Preserves Program. Single-family residential dwellings are the primary land use for the General Rural area at densities of 4 units per 40 acres. Secondary land uses include agricultural production, including small-scale production, parks and recreation, and public and private institutions. Recreational commercial uses are allowed as a conditional use. This designation corresponds with the General Rural District in the current zoning ordinance. c) Village Mixed Use This land use category recognizes the significant contribution of the existing village center to the overall character of the community. New commercial, retail, and residential activity will be encouraged in order to develop and redevelop areas in the village center while maintaining the historic nature of the village center. Primary land uses in the Village Mixed Use area include commercial, office, retail, public and private institutions, civic buildings, light industrial, and parks and recreation. Residential uses, including single family homes, townhouses and multi -family buildings, will be a secondary use. Multi -family buildings in the village center will achieve the goal of diversifying the housing options for younger families, seniors, and singles. Future lot sizes will be similar to the existing mix of lot sizes in the village center. In order to support these relatively small lot sizes, community sewer systems are anticipated. This designation corresponds with the Village Mixed Use A and B Districts, and the Planned Industrial District in the current zoning ordinance. The zoning ordinance requires a minimum lot size of 2.5 acres per unit. Higher densities up to one unit per acre may be permitted through Conservation Design or Cluster Development, Conditional Use Permits, or Planned Unit Developments on a case by case basis, depending on the land use intensity and the ability of the site and/or system to manage wastewater. Per the City Development Code Chapter 2, Section 6, density bonuses up to 75% will be considered for multi -unit developments if providing community value through agricultural land protection, life -cycle housing or natural resource protection or other amenities. This is consistent with existing multi -unit developments like the Oakhill Cottages. While exact proportions of uses will be dependent on development, it is anticipated the Village Mixed Use District will have roughly 60 percent commercial/office/retail uses and 40 percent residential uses. Scandia 2040 Comprehensive Plan Land Use Prepared by: Bolton & Menk, Inc. Page 25 d) Village Neighborhood The Village Neighborhood area is a planned extension of the existing Village Center, located adjacent to and north and west of the Village Center. This land use category designates a growth area surrounding the village and is intended to support single and multi -family residential uses on lot sizes reflective of the existing village lot sizes. This corresponds with the Village Neighborhood District in the current zoning ordinance. The primary land use for the Village Neighborhood area will be small -lot, single- family residential uses. Public and private institutions, civic buildings, and parks and recreation uses will also be allowed. Townhomes and multi -family units will be allowed as an incentive for providing community value through agricultural land protection, life -cycle housing, or natural resource protection. A community sewer system may be necessary in order to allow for lot sizes similar to existing village lots. By concentrating development in the Village Neighborhood area, the City of Scandia hopes to protect agricultural and natural resource areas from development pressure. The zoning ordinance requires a minimum lot size of 2.5 acres per unit. Higher densities up to one unit per acre may be permitted through Cluster Development or Conservation Design practices,. Conditional Use Permits, or Planned Unit Developments on a case by case basis, depending on the land use intensity and the ability of the site and/or system to manage wastewater. Per the City Development Code Chapter 2, Section 6, density bonuses up to 75% will be considered for multi -unit developments if providing community value through agricultural land protection, life -cycle housing or natural resource protection or other amenities. This is consistent with existing multi -unit developments like the Oakhill Cottages. e) St. Croix River District The St. Croix River District recognizes the unique historical and natural resource aspects of the floodplain and bluffs of the shoreland area of the St. Croix River. This area includes historic crossroad and seasonal home communities, parkland, river access, and areas protected under scenic easements held by the National Park Service. The mapped area east of State Highway 95 corresponds to land areas protected under federal wild and scenic river designation. The future of this area includes limited residential development that protects the natural and scenic shoreland areas, and public and private protected lands. This corresponds with the Lower St. Croix River Corridor Overlay District in the current zoning ordinance. New development in the St. Croix River District will be at a density of 4 units per 40 acres. Smaller lots may be permitted through the use of open space conservation subdivisions but may not exceed maximum densities. Viewsheds should be considered and protected in the siting of structures and driveways. f) Rural Commercial The Rural Commercial future land use area is intended to support commercial development in places of historic commercial activity. These areas are the only commercial areas anticipated outside of the Village Center and are intended to complement Village Center commercial uses. Rural Commercial areas are designated at the historic commercial nodes of the Big Marine Store, Copas/Abrahamson Nurseries, and the intersection of Highways 95 and 97. Commercial uses reflecting the historic nature of the community and compatible with the surrounding rural character will be allowed on lot sizes of at least 2 acres. Because this future land use area builds upon Scandia 2040 Comprehensive Plan Land Use Prepared by: Bolton & Menk, Inc. Page 26 historic character, commercial building design standards shall reflect the historic nature of the community. This corresponds with the Rural Commercial District in the current zoning ordinance. g) Rural Mixed Use The Rural Mixed Use area is located to the west of Big Marine Lake. This is a new land use category and is intended to allow for single-family residential development connected to the Big Marine Store rural commercial area. Single family residential would be at a maximum density of 4 units per 40 acres. Some civic buildings, small commercial, and parks and recreation uses will also be allowed. It is anticipated the Rural Mixed Use District will have roughly 85 percent residential uses and 15 percent commercial or civic uses. Improvements to the existing community system are necessary to permit higher density in this area. Until that occurs, new development will be limited in this area. Section 5 of the City of Scandia's Subdivision Ordinance includes lack of adequate sewage treatment systems as a condition of premature development within the City, which shall not be approved by City Council. Until the sewer is improved, the current General Rural zoning district will remain in place, preserving land at residential densities of 4 units/40 acres to be consistent with the Diversified Rural community designation. Upgrades and improvements to the community system will occur alongside new development in the area. The presence of wetlands and the additional regulations of the shoreland overlay district, which covers many parcels in this area of the City, will likely be constraining factors for both new development and sewer improvements. However, it is the intention of the City of Scandia to encourage development and higher densities in this area once improvements to the community sewer are made. To that end, the City will work to amend the zoning ordinance and comprehensive plan as needed to implement higher densities and land use once the infrastructure is sufficient. h) Recreation Area Protected The Recreation Area Protected land use category includes publicly owned lands permanently protected from development. This designation recognizes that these areas will continue to be used for recreation or open space only and not developed. If recreation facilities are developed within these areas, priority natural resource areas shall be protected. In addition, priority natural resources should be restored and enhanced wherever possible within protected recreation areas. This designation corresponds with the Agricultural Core Area, Agricultural Preserves, and General Rural Districts in the zoning ordinance. i) Mining The Mining area includes areas in the City of Scandia with active, permitted mining operations. Mining activity is anticipated to continue in these areas in the future. Mining uses must comply with local and state extractive use regulations and reclamation shall restore the topography and natural resources of the site to a level such that the land is suitable for the planned future land uses such as agriculture or Scandia 2040 Comprehensive Plan Land Use Prepared by: Bolton & Menk, Inc. Page 27 residential. This corresponds with the Aggregate Mining Overlay District in the current zoning ordinance. The following overlay district will also guide land uses in specific, sensitive areas: Agriculture Preserves Overlay District (AP) The Agricultural Preserves Overlay plans for the continuation of the Agricultural Preserves Program is Scandia. This overlay is intended to encourage the continuation of agriculture through ensuring the availability of the Program to qualifying agricultural landowners. The Agricultural Preserves Overlay lies over the primary agricultural future land use area, the Agricultural Core Area. The Agricultural Preserves Overlay allows individual property owners within Scandia to continue to participate in the Agricultural Preserves Program. This voluntary program for landowners within the seven -county metropolitan area allows individuals to place their properties under a restrictive covenant committing their property to agricultural use in exchange for certain benefits. These benefits include a special tax rate calculated based on agricultural value rather than market value, a property tax credit, protection of normal farm practices, and protection against special assessments for public improvement projects. While the underlying zoning district (Agricultural Core Area) allows four dwellings per 40 acres, parcels enrolled in the Agricultural Preserves Program and located within the Agricultural Preserves Overlay shall be allowed only 1 unit per 40 acres per program requirements. Additional details on the corresponding zoning districts are included on Table X -A in the Implementation chapter. 1. Density Calculations Based on the above future land use plan and land use calculations, residential and commercial land use requirements have been calculated to help Scandia plan for and meet Metropolitan Council projections for population, households, and employment. Residential calculations are detailed in Table II -M and commercial calculations are detailed in Table 11- N. Residential To meet forecasted 2040 population and household projections, the City of Scandia will need to add 582 housing units by 2040. These calculations show the number of acres needed to accommodate all needed housing units in each zoning district. Residential development is anticipated to take place in all residential zoning districts in an orderly manner consistent with the staging plan, discussed below. These calculations do not include the density bonuses. Actual acreage needed to accommodate future households and their locations will be influenced by market forces. Scandia 2040 Comprehensive Plan Land Use Prepared by: Bolton & Menk, Inc. Page 28 City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC) SECTION 153.200 ZONING DISTRICTS Adopted 09.20.2022, Amended 04.18.2023 (Ordinance No. 2023-03) 153.200 page-2 153.200.020 OFFICIAL ZONING MAP Subd. 1. Zoning Map. The locations and boundaries of the Zoning Districts established by this Section are set forth on the Scandia, Minnesota Zoning Map which shall be incorporated as part of this Unified Development Code (UDC). The Map and all notations, references and data shown thereon are incorporated by reference into this Section. The boundaries between Zoning Districts are the center lines of streets or railroad rights-of-way, lot lines, or section lines. In the case of unsubdivided property, or in any case where rights-of-way, lot lines, or section lines are not used as boundaries, the Zoning District boundary lines shall be determined by use of dimensions of the scale appearing on the Zoning Map. 153.200.030 BASE ZONING DISTRICTS Subd. 1. Assigned Base Zoning Districts. All parcels, lots and land within the City are Zoned with a Base Zoning District designation. The Base Zoning Districts establish and assign dimensional standards for all lots, improvements, subdivisions and other uses as described and regulated within this UDC. A parcel of land, development or contiguous area may be subject to an Overlay District which may assign additional dimensional standards and rules as described in Section 153.200.040. Table 153.200.030-1. Summary of Dimensional Standards for Base Zoning Districts. Zoning District Agricultural Preserves Agricultural Core Rural Residential General Rural Residential Neighborhood Village Historic Core Village Center Village Neighborhood Rural Commercial Industrial Park Abbreviations A-P AG-C RR-G RR-N V-HC V-C V-N R-C I-P Maximum Density (DU/AC) 1 DU/40 AC1 4 DU/40 AC 4 DU/40 AC 4 DU/40 AC 5 DU/40 AC1 5 DU/40 AC2 1 DU/1.5AC2 or 4 DU/40 AC NA NA Minimum Lot Size (New Lot) 40.0 AC 2.0-5.0 AC or 20+ AC 2.0 AC 2.0 AC 2,500 SF2 1.00 AC or 8,500 SF3 1.5 AC 2.0 AC 2.0 AC Minimum Buildable Area (AC) 2 1.00 1.00 1.00 1.00 NA .75 1.00 1.00 1.00 Lot Coverage (Maximum) 25% 25% 25% 25% 80% 35% 25% 65% 65% Building Height (Maximum) 35’ 35’ 35’ 35’ 45’ 45’ 35’ 45’ 45’ 1Density may exceed 1 DU/40 Acres if criteria established in Minnesota State Statute 473H is met. 2Maximum Density and corresponding lots sizes may only be achieved if public water and sewer is available and the parcel or lot is hooked up to municipal service. 3Minimum Buildable Area only required for parcels or lots served by private well and septic systems. Additional standards for each Base Zoning District are provided in Subd. 2 through Subd. 5 of this Section. m i n n e s o t a RL Ate' m 1IqmIp E: y n _ 95 4 kz/1 Mfg i i / Z"] / iii - 1 _ 6, 01 8.7 Legend 0 4,213 Feet This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. 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