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CITY COUNCIL <br />WORK SESSION STAFF REPORT <br />ITEM NO. 7 <br />STAFF ORIGINATOR: Sarah Cotton, City Administrator <br />WORK SESSION DATE: March 4, 2024 <br />TOPIC: HF 4009/SF 3964 “Missing Middle Housing” Bill <br />______________________________________________________________________________ <br />BACKGROUND <br />Legislation has been introduced (HF 4009/SF 3964) that includes a multitude of concerning <br />zoning and land use preemption provisions. <br />The League of Minnesota Cities and Metro Cities provided comments in opposition to HF 4009 <br />due to concerns with provisions in the bill that “broadly preempt city zoning and land use <br />authorities, remove public input in the residential development process, ignore long range local <br />comprehensive plans, and lack consideration for how cities utilize zoning and land use to <br />ensure the health, safety, and welfare of residents and scale infrastructure to support new <br />housing density.” <br />The bill language as proposed would: <br />•Set a base level for density allowed on any residential lot by right (or without needing to <br />go through a discretionary review processes) regardless of size at 2 units statewide and <br />4 units in cities of the first class. If certain conditions are met, 8 units are allowed in <br />second-, third-, and fourth-class cities and 10 units may be allowed per lot in cities of <br />the first class. <br />•Force administrative approvals of projects that meet the standards in the bill language <br />and prohibit public input in the approval process. <br />•Limit minimum lot size requirements to no greater than 2,500 square feet for first class <br />cities and 4,000 square feet for all other cities except for Greater Minnesota cities with <br />populations of less than 5,000. <br />•Require all cities to accept Accessory Dwelling Units on all residential lots regardless of <br />size and allow property owners to subdivide their lots by right. <br />•Prohibit off-street parking from being required close to major transit stops and limits <br />off-street parking minimum requirements to 1 spot per unit in other areas. <br />•Allow multifamily buildings to be built up to 150 feet tall on any lot in a commercial <br />zoning district. <br />24