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Home My WebLink About7.b. Zoning Ordinance Text Amendment for Accessory Dwelling Units4ROSEMOUNTEXECUTIVE SUMMARY PLANNING COMMISSION Planning Commission Meeting Date: Tentative Planning Commission Public Hearing Date: Tentative City Council Meeting Date: June 25, 2013 August 27, 2013 September 17, 2013 AGENDA ITEM: Case 13 -27 -TA Zoning Ordinance Text AGENDA SECTION: Amendment for Accessory Dwelling Units New Business PREPARED BY: Jason Lindahl, AICP AGENDA NO. Planner 7.b. ATTACHMENTS: Lennar Independence Model, Site Plan APPROVED BY: and Photos of an Existing Home that Added an Accessory Dwelling Unit RECOMMENDED ACTION: Discuss and provide comments. SUMMARY The purpose of this memo is to begin a discussion with the Planning Commission about Accessory Dwelling Units (ADUs) within residential zoning districts. Currently, single family districts prohibit more than one dwelling unit per property. Accessory Dwelling Units are defined as a "residential living unit that provides complete independent living facilities for one or more persons separate from a main unit on the same parcel." This issue was prompted by a recent informal request from Lennar to allow a new housing product that includes a separate living space within a single family home. Consideration of ADUs is also consistent with the City Council goal to become a more sustainable community by increasing lifecycle housing options; addressing rental, senior and affordability needs; and recognizing the aging population. One of the Comprehensive Plan's Housing goals is to provide a mixture of rental and homeownership opportunities to provide lifecycle housing and located different housing styles within appropriate areas. BACKGROUND Accessory Dwelling Units have been recognized around the county as a strategy to increase the amount of affordable housing in a community and assist homeowners with mortgage and ownership costs without requiring City funding. These types of units exist as a middle ground between two - family dwellings and the renting of rooms to boarders. The most common reasons cited for ADUs include: 1. To expand the supply of affordable housing for both owners and renters. 2. To provide a means for homeowners, particularly the elderly, to obtain extra income, security, companionship, and service. 3. To make more efficient use of the existing housing stock and infrastructure. 4. To provide a mix of housing that responds to changing family needs. Historically, ADUs were most common in large older homes. However, recent economic and household size trends have prompted national builders to offer ADUs in new construction. In the case of Lennar, they would like to market their Next Gen — Home Within a Home product line in Prestwick Place (see attached). This report also includes a site plan and photos of how an ADU could be added to an existing home. While there are advantages to ADUs, it must be acknowledged that residents of traditional single family neighborhoods may have a negative perception of these types of units. In effect they are a rental unit which is inconsistent with the character of a single family neighborhood. Further, while people often assume an ADU will be used for an extended family member, there is no reason the unit cannot be rented to a stranger. Additionally, when there are structural modifications to the residence to permit an accessory apartment, it should be expected that the house will function as a 2 -unit structure for its useful life. A survey of metropolitan area communities found varying methods of addressing ADUs. Most regulate ADUs through a conditional use permit. Others allow them as accessory uses by right. The neighboring communities of Burnsville, Eagan and Inver Grove Heights prohibit ADUs. Accessory Dwelling Unit Standards for Metropolitan Area Communities City Approval Process Apple Valley Conditional Use Permit Burnsville Not Permitted Bloomington Accessory Use Eagan Not Permitted Farmington Conditional Use Permit Inver Grove Heights Not Permitted Lakeville Planned Unit Development Maple Grove Accessory Use by Definition Minnetonka Conditional Use Permit Stillwater Accessory Use White Bear Lake Conditional Use Permit Woodbury Accessory Use by Definition ISSUE ANALYSIS Legal Authority. Zoning ordinance amendments are legislative actions in that the City is creating new standards to regulate the development of certain type of structure or use. Under the law, the City has wide flexibility to create standards that will insure the type of development it desires. However, decisions made under a legislative action must still be constitutional, rational and related to protecting the health, safety and welfare of the public. Approval Process. The two most common practices for regulating ADUs are to allow them as either an accessory or conditional use. Allowing ADUs as an accessory use would authorize staff to approve them through the administrative building permit and rental licensing processes. Most communities that allow ADUs as an accessory use also create a specific set of standards for this type of use. As seen above, ADUs are also allowed through a conditional use permit which requires a public hearing before the Planning Commission and action by the City Council. Like the accessory use process, communities that allow ADUs through a conditional use permit typically create a specific set of standards for this review process. It should be noted that conditional use permits are a quasi - judicial process. Generally, if the ADU request meets the ordinance requirements stated, it must be approved. A limited number of communities have taken an incremental approach to addressing ADUs. For example, both Maple Grove and Woodbury revised their zoning definitions to allow separate living areas within a single family home but do not go so far as to allow ADUs. These communities took this approach because they found it was common for single family homes to have separate living areas (like a finished basement) that included bedrooms, living areas, bathrooms and kitchens. For Maple Grove and Woodbury, these types of separate living spaces within a single family home were allowable as long as they did not have a separate entrance, address or utilities. In staff's opinion modifying the definition does not recognize what an ADU really is. Staff believes there is a difference between having a small kitchenette in the basement of a home versus having a renter who has separate living quarters within the larger residential structure. Performance Standards. As mentioned above, regardless of the approval process for ADUs, most communities create a specific set of performance standards to address the unique issues associated with this type of use. Typically, these standards begin by requiring ADUs to meet all of the performance standards for the zoning district in which they are located. The rest of the ADU standards vary by community but typically address the following issues: • Location: The City has the authority to limit the location of ADUs to specific zoning district. For example, some communities specifically assign or prohibit ADUs from older residential neighborhoods or areas without sewer and water. • Appearance: Since ADU will be located in single family neighborhoods, communities typically require properties containing an ADU must maintain the appearance of a single family dwelling. These standards often include limitation on the placement of doors, a single mailing address for the site and only one set of utilities. • Attached vs. Detached. ADUs may either be attached to the principal single family dwelling or part of a separate standalone building like a detached garage. • Size. To insure ADUs remain accessory to the principal single family dwelling, most communities establish minimum and maximum size limitations. Typically, the maximum size does not exceed 30 percent of the principal single family dwelling. • Occupancy. The City may place occupancy standards on ADUs to guard against the potential for these units to effectively become duplexes. Common occupancy limitations include requiring the property owner to live in either the principal single family dwelling or the ADU. • Parking. Typically, cities require residents interested in creating an ADU to first meet the parking requirements for a single - family home before an ADU can be considered. Currently, the City requires single - family dwellings provide at least two (2) attached enclosed garage parking spaces no less than four hundred forty (440) square feet in area and no less than twenty feet (20') wide in either direction. Accessory apartments are required to provide 1 space per unit. CONCLUSION & RECOMMENDATION Staff requests the Planning Commission provide feedback regarding the idea of introducing ADUs into single family zoning districts. This memo provides background on the advantages and challenges associated with ADUs, examples of ADUs in both new construction and existing homes, summarizes the common approval processes, and details the performance standards to consider when regulating accessory dwelling units. The Planning Commission should review this information and come prepared to discuss their questions and comments. 3 http://www.lemar.com/New-Homes/NEmesota/NEmeapolis-St-Paul... Bonaire Heartland II 17701 62nd Court N., Maple Grove, MN 55311 • 877 - 203 -7824 Independence by Lennar 3200 Square Feet 5 Bedrooms 5 Bathrooms Starting at $527,990 This home's Next Gen Suite includes 2 private entries, an attached 1 -bay garage, living area, kitchenette, bedroom, bath and laundry. The home offers a total of 3,200 sq ft with a spacious kitchen that flows to the dining area & great room. The upper level provides 4 generously sized bedrooms all with walk -in closets & access to bathrooms. FEATURES All homes will feature Home Automation with Nexia Home Intelligence this includes: - Home Keypad Lever & Deadbolt (keypad, keyless entry — you can even receive a text message when anyone enters your home). - Programmable thermostat and switches with Z -wave Technology. - Interior camera with Z -wave Technology. - Structured wiring for multi media use in the great room. - Media interdict to attic. The interior features include the following: General - Sherwin- Williams Super Paint (color choice per plan) - Recessed lighting (per plan) - Lighted ceiling fan in owner's bedroom - Ceiling fan in great room - Ceiling fan rough -ins in all bedrooms - Premium Mohawk carpet with stain protection & premium carpet pad - Superslide rods and closet organizers in Owner's closet (per plan) - Superslide rods in all closets - Boot bench in mud room (per plan) - Stained box -newel posts & handrail with painted balusters - Pre - finished painted trim Elevation A 5 of 19 6/20/2013 12:59 PM http://www.lemiar.com/New-Homes/NEmesota/Nfimeapolis-St-Paul... Weathered -iron light fixtures throughout home (excluding baths) - 2 -panel white hollow -core doors - Brushed nickel light fixtures in all baths - Premium vinyl flooring in the mud room & laundry room - Gas fireplace with electronic ignition (per plan) - Built in media cabinets with mantel & surround (per plan) - Pre - finished 4 -1/4 "wide base - 5/8 "board, hand - troweled finish ceiling - Pre - finished engineered wood flooring in foyer, kitchen & powder room (per plan) Kitchen - Varied - height upper kitchen cabinets - Crown molding - Lazy Susan (per plan) - GE Clean Steel appliances including: • Gas range • Dishwasher • Microwave (over range) • Refrigerator with ice and water dispenser - Glass cabinet door doors (per plan) - Granite counter tops - Double pull -out trash bin (per plan) - Tip -down sink tray - Custom - built, shaker style maple cabinets Bathroom - Kohler /Sterling dual flush toilets - Cultured marble countertops in owner's & secondary baths - Extended - height vanity in Owner's bath - Whisper Green, Energy Star rated bath fans - Clear glass shower doors with chrome hardware Insulation Specifications - R-44 blown insulation in attic space - R -21 exterior wall batt insulation 6 of 19 6/20/2013 12:59 PM http://www.lennar.com/New-Homes/Mmesota/NEmeapolis-St-Paul... - R -10 Thermax insulation on interior foundation walls Energy- efficient sealed Electrical openings Energy- efficient sealed recessed light fixtures Low -E, dual -pane, argon gas - filled windows Mechanical - 92% energy efficient furnace - 50- gallon power- vented gas water heater - 13 SEER Energy Star central air conditioning - Lennox MERV 10 air filter - Humidifier with outdoor sensor The exterior features include: - Architectural shingles with 30 -year warranty - Full -yard sod - Insulated steel garage doors - Garage door opener on double stall with 2 remotes & keyless entry - Watchdog foundation water - proofing - Asphalt driveway See New Home Consultant in this community for more details! I 7 of 19 6/20/2013 12:59 PM http: / /www.lennar. com/New- Homes / Minnesota /Minneapolis -St- Paul... Bonaire Heartland II 17701 62nd Court N., Maple Grove, MN 55311 • 877 - 203 -7824 Independence [Main Level] 8 of 19 6/20/2013 12:59 PM http: / /www.lemar.com/New- Homes /N innesota/N imeapolis -St- Paul... Bonaire Heartland II 17701 62nd Court N., Maple Grove, MN 55311 • 877 - 203 -7824 Independence [Upper Level] 9 of 19 6/20/2013 12:59 PM http://www.lemar.com/New-Homes/Mmesota/Nfimeapolis-St-Paul... Bonaire Heartland II 17701 62nd Court N., Maple Grove, MN 55311 • 877 - 203 -7824 Independence [Unfinished Lower Level] 0 (V_ W UaTinish„ d Flex Room 13=6' x W-& 6i UnfinIshed Recre+ntion doom 30.1's 14'•iV Uff inlshed Mechanical ZY W ,16' 3' Unwmavatsd M :t U�nlfnisb�d i �•� Bedroom Both "-91 x 10.91 Ul1excavoled i 9,W W z 71' -6' 10 of 19 6/20/2013 12:59 PM -41 Af Jp 0) ./ Z. Y 1 1 1 1�* Ilk 11 C 1 1 RR 9,11M Fow / SGREEN f'ORGH (120 SF) / / Pb 10.41' AMSL ! 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