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1 <br />LA515\1\931888.v2 <br /> <br /> STAFF REPORT <br /> DATE: 4-2-2024 <br /> <br /> Regular Meeting <br />TO: City Council <br />FROM: Jason Stopa, Community Development Director <br />AGENDA ITEM: Resolution Supporting Retention of City Zoning Authority <br />REVIEWED BY: Clark Schroder, Interim City Administrator <br />Sarah Sonsalla, City Attorney (drafted resolution) <br /> <br /> <br /> <br />BACKGROUND: During the current Minnesota State Legislative session, bills have been <br />introduced to promote multifamily development (missing middle housing). According to the <br />League of Minnesota Cities, Legislation has been introduced that would undermine the abilities of <br />city officials and their residents to make their own decisions about zoning and land use. The <br />“Missing Middle Housing” bill increases housing density and take away cities’ rights to make <br />zoning and land use decisions that best fit their communities’ needs. <br /> <br />ISSUE BEFORE THE COUNCIL: The Council is being asked to adopt a resolution, to be sent <br />to Minnesota State Legislature, supporting the retention of the city’s zoning authority. <br /> <br />PROPOSED BILL DETAILS: House File 4009 and Senate File 1370, in current form, are <br />included as attachments. The League of Minnesota Cities released a City Issue Fact Sheet on <br />3/4/24 and document titled Consequences Cities and Residents Face from Housing Legislation on <br />3/6/24. Below is a summary of their key points. The bill: <br />•Forces administrative approvals of projects that meet standards and prohibits public input in the <br />approval process. <br />• Limits minimum lot size requirements to no greater than 2,500 square feet for first class cities <br />and 4,000 square feet for all other cities except for cities with populations less than 10,000. <br />• Requires all cities to accept Accessory Dwelling Units on all residential lots regardless of size <br />and allows property owners to subdivide their lots by right. <br />• Sets a base level for density allowed on any residential lot by right—regardless of size—at 2 <br />units statewide and 4 units in first class cities. • Prohibits off-street parking from being required <br />close to major transit stops and limits off-street parking minimum requirements to 1 spot per unit <br />in other areas. <br />• Allows multi-family dwellings to be constructed in any zoning district that allows commercial <br />activity as tall as the tallest commercial or residential structure within ¼ mile radius of the parcel <br />up to 150 feet in height or the local height restriction, whichever is higher. <br />• Broadly prohibits design standards for residential development and eliminates minimum square <br />footage and floor area ratio requirements. <br /> <br />POTENTIAL CONSEQUENCES: LMC stated a few consequences. <br />•Cities would need to upgrade and/or expand their water and sewer infrastructure. The state does <br />not plan to provide financial support for these infrastructure requirements, which means cities <br />may have to turn to taxpayers to pay for necessary infrastructure upgrades.