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2018.03.08 Work Session Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: March 2, 2018 City Council Work Session Agenda March 8, 2018 6:30 p.m. Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at ______ p.m. on March 8, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Kolb ____ Therres ____ LaRoche ____ Gilchrist ____ Parsons ____ Olson ____ Adams ____ Sutter ____ Budziszewski ____ Serres ____ Dahl ____ Deshler II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Accessory dwelling units follow up. 2. Potentially surplus land.* * Denotes no supporting information included in the packet. III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531- 1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. Page 1 of 4 _____________________________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Anne Norris, City Manager (for March 8 City Council Meeting) DATE: March 1, 2018 RE: Discuss ordinance amendments for accessory dwelling units A. BACKGROUND At its February 5, 2018 meeting, the City Council provided direction to staff for amendments in the unified development code (UDC) relating to accessory dwelling units. This staff report provides proposed ordinance amendments for Council discussion prior to scheduling the Planning Commission public hearing. Attachment: A. Proposed ADU ordinance B. PROPOSED ORDINANCE Based on the discussion at the February 5th Council meeting, staff has incorporated the following requirements for accessory dwelling units (ADU):  Definitions: o Clarified the definition of allowable ADUs to include those that are within or attached to the single-family home, or are constructed as a freestanding detached structure (“tiny house”) o Clarified the difference between an ADU and a two -family dwelling  Use-specific standards: o All ADUs:  Staff has removed the requirement that the property owner live on the property. The table on the following page lists reasons for and against having this requirement: COUNCIL STAFF REPORT Ordinance Amendments for Accessory Dwelling Units Page 2 of 4  Staff has added an option for the ADU to connect to the existing water and sewer service for the principal dwelling as an alternative to requiring a separate connection to the mains under the street. The following table lists reasons for and against this change: Current Requirement Alternate Proposal Reasons for Current Requirement Reasons for Alternate Proposal Property owner must reside on property Rental houses could also have ADUs  Self-regulation. Having the property owner on the premises helps to ensure that the tenant will not have negative impacts on the neighborhood.  Enforcement would be accomplished by a recorded deed restriction which would prohibit use of the ADU if the owner does not live on the property. Even if the seller fails to disclose, and the buyer doesn’t check with the city, the buyer would discover it through their title work prior to purchase.  Treat rental properties the same as owner-occupied properties.  Tenant issues would be addressed by other means, including rental licensing and inspections, and police response to 9-1-1 calls. Current Requirement Alternate Proposal Reasons for Current Requirement Reasons for Alternate Proposal ADU must provide a separate utility connection at the street ADUs could have separate connection OR connect to existing house’s water & sewer  With a separate connection, the water service for each residence can be individually turned off. With only one connection, if water needs to be shut off to one property, both units will be out of water. Also, with one connection, sewer clogs could impact both properties.  Current water utility rates include a flat fee for a meter and a fee based on consumption. With one connection, only one meter is installed. Therefore although there are two housing units, only one meter fee will be paid.  Current sanitary sewer utility fee is a flat rate for a property and is not based on consumption. Although the ADU adds residents to the property, there would not be a higher sanitary sewer utility fee.  The city is only responsible for locating utilities in the right-of- way. If a connection was made between two buildings on the private property, the property owner (or future property owner) would be responsible for locating the underground utilities on their property before digging.  If there is one connection for the ADU through the existing home: o the cost to construct the ADU is potentially reduced o an additional SAC fee would not be required by Metropolitan Council (see section C, below) o the street would not have to be excavated Page 3 of 4  All ADUs would continue to be limited to 50% of the finished floor area of the principal dwelling to ensure that they remain accessory and subordinate to the home.  All ADUs would continue to require one parking space in addition to the two spaces required for a single family home. (Most properties easily meet this requirement because not only the garage but also the driveway leading to the garage counts towards the off -street parking requirements.)  All ADUs would continue to be subject to curb cut and driveway requirements, which limits the property to one curb cut unless it also has alley access. o Detached ADUs  Staff removed the requirement that detached ADUs be constructed as part of a detached garage. This would allow “tiny houses” that are separate from a detached garage or other accessory buildings on the property.  ADUs would continue to be subject to the same setback and green space requirements as detached garages and other accessory buildings.  ADUs would continue to be constructed on a permanent, frost- protected foundation. C. SEWER AVAILABILITY CHARGE (SAC) The SAC fee is a one-time charge by Metropolitan Council Environmental Services (MCES) when there is a land use change creating more demand on the regional sewer system. The city is required to collect the fee from the property owner and pass it on to MCES. The city must pay the fee to MCES even if it fails to collect it from the property owner. The SAC fee (currently $2,435) would be required in the following instances:  The property owner converts a single-family home into a two-family home (duplex) - not applicable to ADUs.  An ADU is constructed on the property and there is a separate utility connection to the street for the additional unit. Staff will collect the SAC fee at the time the building permit is issued for either of these two types of construction. If for some reason a building permit is not required, then the city would invoice the property owner for the SAC fee. If the property owner refuses to pay the SAC fee, the city would assess the fee to the property in accordance with state statute. D. NOTIFICATION OF PROPERTY OWNERS If the ADU ordinance is adopted by the City Council, staff will provide notification to property owners: Page 4 of 4  Staff has compiled a list of 57 property owners who previously received a letter that a second dwelling unit did not conform to zoning requirements. These were usually basement apartments installed without city permits or inspections. Staff will send a letter to these property owners informing them of the opportunity to “legalize” the unit under the new ordinance.  Staff will inform the public of the new ADU options through the website and social media. E. ADOPTION SCHEDULE The following is the proposed schedule for adopting a new ordinance: April 9 Planning Commission public hearing April 17 Council considers first reading of ordinance May 1 Council considers second reading and adoption May 10 Summary of ordinance published June 9 Effective date of ordinance F. CITY COUNCIL DISCUSSION Staff requests Council discussion and direction to staff regarding these proposed ordinance amendments. The next step would be a Planning Commission public hearing on the amendments and subsequent Council action. 6 509575v9 AMB CR225-423 Section 505 Definitions Subd. 1. Abutting or adjacent. “Abutting” or “Adjacent” means the land, lot, or property adjoining the property in question along a lot line or separated only by an alley, easement or street. Subd. 2. Accessibility ramps. “Accessibility ramps” means ramps that provide access to buildings for the disabled. Subd. 3. Accessory dwelling unit. “Accessory dwelling unit” means a dwelling unit that is located on the same lot as a one-family detached dwelling to which it is accessory and subordinate in size. An accessory dwelling unit may be within or attached to the one-family dwelling, or in a detached accessory building on the same lot. separate, complete housekeeping unit, with a separate entrance, kitchen, sleeping area, and bathroom facilities that is located as part of a detached garage. Subd. 4. Accessory structure. “Accessory structure” means a subordinate building or other subordinate structure, including but not limited to detached garages, sheds, gazebos, or swimming pools, the use of which is clearly subordinate or accessory to the principal use of the building or property. Subd. 5. Adult uses. “Adult uses” has the meaning given it from the Crystal city code, section 1190. Subd. 6. Airport facilities. “Airport facilities” means the buildings and grounds of the Crystal Airport, including those areas used for the storage, fueling, and repair of aircraft. Subd. 7. Alley. “Alley” means a public right-of-way other than a street that affords a secondary means of access to abutting property. Subd. 8. Amusement center. “Amusement center” has the meaning given it from the Crystal city code, section 1180. Subd. 9. Animal hospital or veterinary clinic. “Animal hospital or veterinary clinic” means any building or portion of a building where animals or pets are given medical or surgical treatment and are cared for at the time of such treatment, including facilities with offices and/or laboratories for operation and/or functioning of a research and development facility. Use as a kennel shall be limited to short time boarding and shall be incidental to such animal hospital use. Subd. 10. Antenna support structure. “Antenna support structure” means any building, athletic field lighting, water tower, or other structure other than a tower, which can be used for location of telecommunications facilities as an accessory, subordinate use. New structures built for the purpose of attaching telecommunications facilities are “towers” not “antenna support structures” for the purposes of this UDC. For example, if an athletic field light pole would be replaced by a taller pole to facilitate installation of an antenna, then the new pole would be classified as a “tower” not an “antenna support structure” even if lights would be mounted to it in a manner similar to the way they were mounted to the previous light pole. This term does not include wireless support structures, which are separately defined under this UDC. Attachment A 10 509575v9 AMB CR225-423 Subd. 44. Driveway. “Driveway” has the meaning given it in the Crystal city code, subsection 800.03. Subd. 45. Driveway approach. “Driveway approach” has the meaning given it in the Crystal city code, subsection 800.03. Subd. 46. Drive-through establishment. “Drive-through establishment” means any portion of a building, structure or property from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. Subd. 47. Dwelling. “Dwelling” means a building or portion thereof used exclusively for residential purposes, forming a habitable unit for one family. Garages, tents, and accessory structures shall not be considered dwellings and shall at no time be used as a dwelling, either temporarily or permanently. Tents may be used for recreational purposes. Subd. 48. Dwelling, multiple. “Dwelling, multiple” means a building designed with three or more dwellings exclusively for occupancy by three or more families living independently of each other. Subd. 49. Dwelling, one-family attached. “Dwelling, one-family attached” means a building, such as townhouses or row houses, containing dwellings in which: (a) Each dwelling is located on its own parcel; (b) Each dwelling is attached to another by party walls without openings; and (c) Each dwelling has primary ground floor access to the outside. Subd. 50. Dwelling, one-family detached. “Dwelling, one-family detached” means a residential building containing not more than one dwelling entirely surrounded by open space on the same lot. Subd. 51. Dwelling, two-family. “Dwelling, two-family” means a building designed exclusively for occupancy by two families living independently of each other, neither of which is an accessory dwelling unit, and which is typically referred to as a double bungalow or duplex, where the entire building is located on a single lot. Subd. 52. Easement. “Easement” means a grant by a property owner to either the public or an individual for the use of the owner’s property for certain specified purposes (i.e. drives, utilities, etc.). Subd. 53. Equal degree of encroachment. “Equal degree of encroachment” means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Subd. 54. Essential services. “Essential services” means underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems by public utilities, municipal or other governmental agencies. 92 509575v9 AMB CR225-423 Table 4: Permitted Accessory Uses and Structures Use Category and Use Type P = Permitted Use C = Conditional Use - = Not Permitted Base Zoning Districts Zoning Certificate Required Use-Specific Standards in Subsection: R-1 R-2 R-3 C I AP Accessory Uses Assembly or gathering space - - - P P - Yes 515.23, subdivision 2 (a) Commercial truck storage or parking - - - P P - Yes 515.23, subdivision 2 (b) Day Care Facilities, In home P P P - - - No Drive-through facilities - - - C - - Not Applicable 515.23, subdivision 2 (c) Home Businesses P P P - - - No 515.23, subdivision 2 (d) Keeping of Chickens P P - - - - No 910 Kennels, Commercial [1] P - - - - - No 515.23, subdivision 2 (e) Kennels, Private P P P - - - No 515.23, subdivision 2 (f) Accessory Structures Accessibility ramps P P P P P P No Accessory dwelling units P P P- - - - Yes 515.23, subdivision 3(a) Amateur radio towers P P P - - P Yes 515.23, subdivision 3(b) Carports P P - - - - Yes 515.23, subdivision 3(e) Clothesline poles P P - - - - No 515.23, subdivision 3(c) Commercial storage buildings - - - C P P See Note [4] 515.23, subdivision 3(d) Fences and walls P P P P P P See Note [5] 520.09 Flagpoles P P P P P P No Fuel pumps, private use [2] - - - P P P No Garages, attached or detached P P P P P P Yes 515.23, subdivision 3(e) Gazebos P P P - - - Yes 515.23, subdivision 3(f) Noncommercial greenhouses P P - - - - See Note [6] 515.23, subdivision 3(g) Off-street parking and loading [3] P P P P P P Yes 520.15 Patios, decks, and porches P P P P - - Yes Sheds P P P P P P See Note [6] 515.23, subdivision 3(h) Sidewalks P P P P P P No 515.23, subdivision 3(i) Signs, Permanent P P P P P P Not Applicable 530 95 509575v9 AMB CR225-423 not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use; (4) Home businesses shall not operate between 10:00 p.m. and 6:00 a.m.; (5) A home business may be located within the dwelling, an accessory building, or both, provided that the total area of the home business is not greater than 50% of the finished floor area of the dwelling; (6) Such home business shall not require internal or external alterations or involve construction features not customarily found in dwellings; (7) There shall be no exterior storage or display of equipment, goods or materials used in the home business; and (8) One sign, not to exceed six square feet in area, may be placed on the premises. The sign may identify the home business, resident name, address, website, and email address or phone number, but may contain no other information. The sign may not be illuminated and must be set back a minimum of ten feet from a property line abutting a public street. If the sign is freestanding, the total height may not exceed five feet. (e) Kennels, commercial. Commercial kennels are subject to the following standards: (1) In the R-1 zoning district, commercial kennels shall only be allowed at one-family dwellings, and the use of the commercial kennel is limited to raising, selling, boarding, breeding, and grooming of dogs or other animals; and (2) Commercial kennels shall adhere to the requirements for home businesses in this subsection. (f) Kennels, private. If a private kennel is operated as a home business, it shall adhere to the requirements for home businesses in this subsection. Subd. 3. Accessory structures. (a) Accessory dwelling units. Accessory dwelling units are subject to the following standards: (1) The following requirements are for all forms of accessory dwelling units (within or attached to the principal dwelling, or in a detached accessory building): (i) No more than one accessory dwelling unit shall be allowed on a property containing a one-family detached dwelling; (ii) The creation of the dwelling unit shall not create a separate property identification number with the county; (iii) The floor area of an accessory dwelling unit shall not exceed 50 percent of the finished floor area of the one-family detached dwelling. 96 509575v9 AMB CR225-423 (iv) The dwelling unit may be rented if it complies with the requirements of the Crystal city code, section 425., but the owner of the principal building on the property shall reside on the property. (v) The dwelling unit shall have a water and sewer connection to the respective utility main, or to the existing water and sewer connection at a point on the private property; and (vi) The dwelling unit shall adhere to the curb cut and driveway requirements for one-family attached dwellings in the Crystal city code, chapter 8. (2) Detached accessory dwelling units shall also comply with the following additional requirements: (i) The dwelling shall be constructed as part of a detached garage and shall not cause the garage to exceed the size or setback requirements for detached garages in this UDC. Conversion of garage space to an accessory dwelling unit is prohibited, unless the garage space is replaced; (i) The dwelling unit shall be separated from the principal building by a minimum of ten feet; (ii) The dwelling unit shall be constructed as to be compatible with the exterior materials of the existing principal building; and (iii) The dwelling unit shall be located on a frost-protected foundation. (b) Amateur radio towers. Amateur radio towers shall only be allowed in the rear yard and made of unpainted metal or other visually un obtrusive material. (c) Clothesline poles. Clothesline poles shall only be permitted in the rear yard. (d) Commercial storage buildings. Commercial storage buildings are subject to the following standards: (1) The storage building is located on the same lot as the principal use; (2) No detached accessory building shall be located closer to the street adjacent to the front yard than the principal structure; (3) The storage building does not exceed 30% of the gross floor area of the principal use; (4) Occupancy and use of the storage building is directly related to a permitted or conditionally approved principal use and the same party has full control and use of both the storage building and the principal use; (5) The architectural style is compatible with the principal building and surrounding land uses. Exterior building design and materials shall comply with the provisions as provided in the Crystal city code, subsection 520.05; and 116 509575v9 AMB CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial Industrial AP Minimum Structure Setbacks Accessory dwelling units, detached Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet Front: 30 feet, but cannot be closer to the street than the principal building [2] Side: 5 feet [3] Rear: 5 feet [3] Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Amateur radio towers See note [1], below See note [1], below See note [1], below Not Applicable Not Applicable See note [1], below Attached Decks and open porches Front: 30 feet Side: 3 feet Rear: 30 feet Corner side: 10 feet Front: 30 feet Side: 15 feet Rear: 30 feet Corner side: 30 feet Front: 30 feet Side: 15 feet Rear: 30 feet Corner side: 30 feet Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Not Applicable Not Applicable Clothesline Poles Front: Not allowed Side: 3 feet Rear: 3 feet Corner side: 10 feet Front: Not allowed Side: 3 feet Rear: 3 feet Corner side: 10 feet Not Applicable Not Applicable Not Applicable Not Applicable Commercial Storage Buildings Not Applicable Not Applicable Not Applicable Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet Front: 30 feet Side: 10 feet Rear: 3 feet Corner side: 30 feet 120 509575v9 AMB CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial Industrial AP Accessory dwelling units, detached The height of the dwelling unit cannot exceed the height of the principal building or 20’, whichever is less The height of the dwelling unit cannot exceed the height of the principal building or 20’, whichever is less The height of the dwelling unit cannot exceed the height of the principal building or 20’, whichever is lessNot Applicable Not Applicable Not Applicable Not Applicable Amateur radio towers Tower not to exceed 75 feet Tower not to exceed 75 feet Tower not to exceed 75 feet Tower not to exceed 75 feet Tower not to exceed 75 feet Tower not to exceed 75 feet Commercial storage buildings Not Applicable Not Applicable Not Applicable 20 feet 20 feet 25 feet Detached accessory buildings [6] 15 feet 15 feet 15 feet 15 feet 15 feet 15 feet Essential services (such as poles or towers) As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer As determined by the city engineer Fences See subsection 520.09 See subsection 520.09 See subsection 520.09 See subsection 520.09 See subsection 520.09 See subsection 520.09 Flagpoles 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet Satellite dishes Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Not to exceed 4 feet above the roof Solar energy systems Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt Building mounted: Shall not exceed the maximum allowed building height Freestanding: 20 feet when oriented at maximum tilt 121 509575v9 AMB CR225-423 Table 8: Zoning District Site Development Standards for Accessory Structures Accessory Structure Type R1 R2 R3 Commercial Industrial AP Television and Radio Antennae Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof Not to exceed 12 feet above the roof NOTES: [1] The tower shall be located only in the rear yard, and set back at least 15 feet from any property line. However, necessary guy wires, anchors, and wires of less than 1/4 inch may be set back at least 3 feet from any rear or interior side property line. [2] On interior lots abutting directly on Twin Lake, a detached accessory garage, carport, shed, accessory dwelling unit, or workshop may be erected within the front setback area provided it does not encroach into the required front, side or corner side setback. [3] If the garage, carport, accessory dwelling unit, or workshop does not have an eave or overhang on the side or rear of the structure, the structure may be located to a distance of 3 feet from the side or rear property line, but the structure shall not encroach into a platted or dedicated easement. [4] If the vehicle entrance for a detached garage faces a street or alley, the garage shall be at least 20 feet from the corner side property line. [5] For building-mounted solar energy systems, the collector surface and mounting devices shall not extend beyond the required setbacks on which the building is mounted. For freestanding solar energy systems, the system may not extend into the following setbacks when oriented at minimum design tilt: Front: 30 feet, but cannot be located closer to the street than the principal building; Side: 5 feet; Rear: 5 feet; Corner side: 10 feet. [6] For the purposes of this maximum height requirement, detached accessory buildings are defined as carports, detached garages, gazebos, noncommercial greenhouses, sheds and workshops. Some of these structures may not be allowed in every zoning district.