03-06-2024 WS - Laserfiche WebLink

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Local Authority — Housing — Zoning March 2024 The first hearing on the "Missing Middle Housing Bill", which includes broad limitations on city land use planning and zoning authority occurred in the House Housing Committee on Tuesday, February 20. After the League held two extensive meetings with the authors of HF 4009 and HF 4010, a delete -all amendment was adopted that combined the two bills into HF 4009 and makes some important changes based on those meetings that we want cities to be aware of as they contact their representatives. To be clear, the Senate has not yet had hearings on the SF 3964 or SF 3980 to make any of the changes referred to below. We will try to clarify the differences. Again, it is always tough to write letters with a bill that is a moving target but as of today the below bullet points are accurate: • HF 4009 allows various types of multi -unit housing to be built by right without discretionary review processes. In a significant change, cities under 10,000 population in Greater Minnesota have been removed from many of the density requirements, except those cities would need to allow two residential units on a residential lot. • For cities in the metropolitan area and those over 10,000 population outside the metropolitan area, it would require them to allow between 2-6 (or more if they are first class cities or certain other conditions are met) residential units on any residential lot regardless of size and other local factors like infrastructure capacity, public safety and emergency responder access, and other public health and safety concerns. • Local authority would be limited to issuing permits that meet certain rigid descriptions with no ability for public hearings, council approval, or for additional conditions to be applied. SF 3964 still requires all cities to allow between 2-6 (or more if certain conditions are met) levels of density by right. • HF 4009 now allows multi -family dwellings to be constructed by right in any commercially zoned district. They can be as tall as the tallest commercial or residential structure within % mile radius of the parcel up to 150 feet in height or the local height restriction, whichever is higher. Buildings of that size and density of that magnitude carry a host of fire, water, sewer, emergency response, stormwater, and neighborhood impacts. Any form of public hearing or council decision on the matter, even for residents directly affected, are prohibited. SF 3980 uses a similar limit, but applies it to all zoning areas except industrial and agricultural. • While HF 4009 was amended in manners we requested to address some environmental considerations and regulations, there are numerous other local government responsibilities for a wide range of other issues are not addressed, emergency services access, capacity and equipment, infrastructure capacity, stormwater management, non -conforming lots, blighted areas, potential nuisance situations, direct impact on neighboring properties through watershed and solar access issues, and other issues. SF 3964 has not yet been amended to address environmental considerations.