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5. Staff Report-PC Memo 2 3 15 Memorandum To: Scandia Planning Commission Reference: Accessory Apartments and Related Issues for Feb. 3 Kristina Handt, City Administrator Brenda Eklund, Clerk Project No.: 15745.000 From: Sherri Buss, RLA AICP, Planner Routing: Date: January 20, 2015 Background At its December meeting, the Planning Commission members continued the discussion of options to encourage more affordable and lifecycle housing in Scandia. The discussion focused on Accessory Apartments. The Planner reviewed the current zoning requirements for Accessory Apartments, and members discussed options for relatively simple code changes to make it easier for property owners to develop Accessory Apartments, and some more significant changes that could make more options available. The draft Ordinance options attached provide some ideas for simple and more significant changes, for discussion purposes. The Planner reviewed Accessory Dwelling Unit ordinances from several communities in the Metro Area to provide ideas and options for the Commission members to discuss in February. Option 1: Easy Changes Section 1. Definition change  Members noted at the last meeting that the current definition of Accessory Apartments in the code is not consistent with what the code permits, because the definition says that accessory apartments are located within single-family residential units only.  Most codes now call the apartment Accessory Dwelling Units, so that language has been adopted in the amendment shown here.  The suggested definitions include units that are part of single-family residential uses and commercial uses, to be consistent with the code. Scandia Planning Commission Accessory Dwelling Units Page 2 February 3, 2015  Two common versions of the definition are included, for consideration by the Commission. Section 2. Districts and Permit Requirements  The amendment to the ordinance would permit Accessory Dwelling Units with an administrative permit in all districts, and remove the current requirement for a Conditional Use Permit in the VMU A, VMU B and Industrial Park Districts. This would reduce the time and cost to establish an accessory dwelling unit. Section 3. Performance Standards and Permit for Accessory Dwelling Units  The amendment proposes some limited changes to the current performance standards for accessory dwelling units, based on the Commission discussion in January. It includes the following: o One accessory dwelling unit on a parcel, rather than within a single-family dwelling unit. o Owner requirements modified to include commercial buildings. o Permit options  Requires an administrative permit, but removes the current requirement for annual reporting.  Includes an optional, detailed permit process for consideration by the Commission. This would apply to accessory dwelling units that are not occupied by family members. Option 2: Expands the Types of Accessory Dwelling Units Permitted The Commission requested that the Planner provide some development standards for accessory dwelling units within single family homes, and for units that could be detached from the home or build above garages. Option 2 includes a large number of standards from various ordinances that address the issues raised by the Commission, and more. The list is provided for the discussion on February 3. Minor Subdivision Process: Is it Possible to Simplify the Process? At the January Planning Commission meeting, Council Member Ness asked if it is possible to simplify the Minor Subdivision process to reduce costs for applicants. The Planner reviewed the Statute that gives city’s authority to review subdivisions, and the minimum requirements (Minnesota Statute 462.358). The minimum requirements are as follows:  The City must determine that the minor subdivision meets the applicable standards and criteria contained in the City’s zoning and subdivision regulations.  The City must create findings for approval or for not approving the subdivision. Scandia Planning Commission Accessory Dwelling Units Page 3 February 3, 2015  The City must hold a public hearing minor subdivisions as well as major subdivisions, and notice the hearing.  The City must coordinate reviews with other affected political subdivisions and state agencies (such as the Watershed District, Washington County, DNR, etc.)  The City Council may delegate the authority to review proposed subdivisions to the Planning Commission, but the Council must make the decision to approve.  The City may consolidate the review of the preliminary and final plat. (We are already doing this for simple subdivisions.) The process included in Section 6.0 of the Subdivision Ordinance (Minor Subdivisions) includes the basic requirements identified above. The only optional step is Planning Commission review of the Minor Subdivision. By State Statute, the City cannot eliminate the public hearing, notification of other agencies, or use an administrative permit for the Minor Subdivision process.