HomeMy WebLinkAboutCity Council Packet 04-16-2002 Special 3Agenda
City of Plymouth
Special City Council Meeting
Tuesday, April 16, 2002
Immediately following
Board of Appeal & Equalization Meeting)
Council Chambers
1. Call to Order
2. Discuss Accessory Dwelling Unit Ordinance
3. Schedule future study sessions
4. Adj ourn
CITY OF PLYMOUTH
CITY COUNCIL STUDY SESSION MEMO
TO: Dwight John§9W, City Manager
FROM: Anne Hurlburt, Community Development Director
DATE: April 11, 2002 for the City Council Study Session of April 16, 2002
SUBJECT: Accessory Dwelling Units (ADU's) -- Draft Ordinance
In January, the Council reviewed draft Zoning Ordinance language to allow Accessory
Dwelling Units (ADU's). The Council asked that the ordinance be revised. One specific
concern was the process for approving ADU's, particularly within established
neighborhoods. A revised ordinance, incorporating a conditional use permit process, was
prepared. The Planning Commission reviewed the ordinance and held a public hearing
in February. Attached is a copy of the City Council Report that was originally prepared
for the March 26, 2002 Council agenda, reflecting the Planning Commission's
recommendation on the draft ordinance. The draft ordinance was removed from the
March 26, 2002 Council agenda, and subsequently placed on a City Council study
session agenda. The Council's study session will be held on April 16, 2002, immediately
following the Board of Appeal and Equalization meeting.
The attached report contains a detailed discussion of the 13 specific conditions proposed
to be applied. The conditions cover the following aspects of ADU's:
Number of ADU's per lot (1)
Location of ADU within the structure (must be above a garage)
Setbacks (same as rest of living area of the home)
Floor area of ADU (limited to the size of the principal unit or 1,000 sq. ft, whichever
is less)
Detached ADU's subject to same regulations (location, setbacks) as other accessory
buildings
Exterior design compatible with principal building and surrounding homes
Owner must reside in one of the units
Rental unit must be licensed
No separate ownership of the ADU
Two off-street parking spaces required
Separate house numbers (to aid emergency response)
Compliance with all aspects of Building Code and City Code
Connected to municipal sewer and water
In addition to these standards, other issues or alternatives that the Council could discuss
may include:
Should there be a minimum lot size for a home to have an ADU?
Should ADU's be allowed in all residential zoning districts as the ordinance is
currently written, or limited only to certain districts?
Should ADU's be allowed only in new construction, or on new lots created after a
certain date? Or on any property that can meet the conditions, which is allowed by
the current draft?
Should a minimum spacing distance between lots with ADU's be required to limit
their number and impact in any one neighborhood?
Should ADU's be allowed in locations other than above a garage? Some have
suggested that this be modified to allow ADU's side-by-side with or in the basement
of the home.
Should ADU's be allowed over a detached garage, or just over an attached garage?
The current draft allows for both possibilities.
Is the proposed Conditional Use Permit process the right mechanism for approval of
ADU's? Or should only an administrative permit be required?
Following this discussion, the Council should give staff direction on next steps with the
proposed ordinance.
Agenda Number:
CITY OF PLYMOUTH
CITY COUNCIL AGENDA REPORT r- I
TO: Dwight Johnson, City Manager
FROM: Shawn Drill, Senior Planner, through Anne Ourlburt, Community
Development Director
SUBJECT: City of Plymouth. Zoning Ordinance Text Amendment to 1) provide a
Definition for Accessory Dwelling Units, and 2) allow Accessory
Dwelling Units on Single -Family Lots with a Conditional Use Permit
2002006)
DATE: March 15, 2002 for the City Council Meeting of March 26, 2002
1. PROPOSED MOTION:
Move to adopt the following attached items:
a) An ordinance amending the Zoning Ordinance to allow accessory dwelling units on
single-family lots with a conditional use permit; and
b) A resolution approving findings of fact for the text amendment.
Adoption of an ordinance amending the Zoning Ordinance text and adoption of a resolution
approving findings of fact for the text amendment requires a 4/7 vote of the City Council.
2. BACKGROUND:
Draft regulations pertaining to accessory dwelling units were presented to the City Council on
January 22, 2002, as part of the annual update to the Zoning Ordinance. The draft regulations
presented at that time would have allowed accessory dwelling units upon staff approval of an
administrative permit. The City Council removed the draft accessory dwelling unit regulations
from the annual update, and directed staff to revise the regulations to allow an opportunity for
public input in conjunction with such proposals, especially when proposed within established
neighborhoods.
Staff subsequently revised the draft regulations, and is now proposing an ordinance that would
make accessory dwellings units allowable upon approval of a conditional use permit. The
requirement for a conditional use permit would provide for a public review process including
published notice in the City's official newspaper, mailed notification to neighboring landowners,
and a public hearing.
File 2002006
Page 2
3. PLANNING COMMISSION PUBLIC HEARING:
On February 20, 2002, the Planning Commission conducted the public hearing on this proposed
amendment to allow accessory dwelling units on single-family lots upon issuance of a
conditional use permit. Notice of the public hearing was published in the City's official
newspaper.
One person from the public spoke at the hearing to support the ordinance, and to ask if the
ordinance could be broadened to allow accessory dwelling units behind or below a garage in the
case of new construction. He stated that his concern was for handicap accessibility and elderly
residents. Staff responded that placement of the unit above the garage is an important aspect of
the regulation in order to address building code and fire separation requirements. Staff also
stated that if the units were allowed to be arranged side by side, the home would effectively be a
townhome—which would change the single-family character of the neighborhood. Staff noted
that an accessory dwelling unit would not be possible for every home site, but that the goal is to
provide the option on home sites where an accessory dwelling unit would be appropriate.
Upon review of the proposed accessory dwelling unit regulations, the Planning Commission
voted unanimously to recommend approval of the amendment as drafted. A copy of the Planning
Commission Minutes is attached.
4. ANALYSIS:
The origin of this proposed amendment is the Housing Plan and Implementation Plan of the
City's Comprehensive Plan. The stated purpose of the Housing Plan is to establish standards,
plans, and programs to meet existing and projected housing needs in Plymouth and to identify
strategies to promote the development of affordable and life -cycle housing. The Implementation
Plan sets forth the actions and strategies that the City will take to implement the plans, programs,
and policies established by the Comprehensive Plan. One of the strategies of the Implementation
Plan states that the City should consider amending the text of the Zoning Ordinance to allow
accessory dwelling units in single-family detached residential zoning districts.
An accessory dwelling unit or "granny flat" as it is sometimes called, is a self-contained dwelling
unit that is clearly subordinate to use of the lot as a single-family detached residence. The
rationale for allowing accessory dwelling units is that they can provide both additional life -cycle
housing and additional affordable housing, notably affordable rental housing. According to the
Metropolitan Council, Plymouth has fewer affordable rental units than the regional benchmark
for developed area suburbs. Plymouth has less than 10 percent affordable rental units versus the
regional benchmark of 35 percent. Although the data indicates a large need for affordable
housing, the construction of additional affordable housing is a major challenge, based on high
land and construction costs.
File 2002006
Page 3
The proposed regulations would allow one accessory dwelling unit on a single-family lot and
would require that the owner of the property reside in either the principal unit or the accessory
unit. These regulations are intended to limit the amount of change on any given lot, even in
instances where a lot exceeds the minimum lot size. Furthermore, limiting the rental to one of
the two units would limit the change in tenure within the neighborhood. To ensure proper
upkeep, the regulations require compliance with the City's Housing Maintenance Code.
The regulations would also require that the accessory unit be located above an attached or
detached garage and not exceed the size of the principal dwelling unit or 1,000 square feet in
area, whichever is less. The location above a garage would be required 1) because, due to
Building Code requirements, it would be prohibitively expensive to provide an accessory unit
within a portion of an existing home, and 2) so an accessory unit would not substantially alter the
single-family character and appearance of a home. Allowing the units to be arranged in a side-
by-side manner or within a portion of the principal -unit structure could result in a home that has
the appearance of a townhome—which would not be compatible with the character of a single-
family neighborhood. The size restriction also relates to maintaining the existing character of a
neighborhood. To further maintain existing neighborhood character, the regulations would
require that the exterior design of the accessory unit incorporate similar architectural style and
materials as the principal unit on the lot. For the same reason, if the unit is located above a
detached garage, the regulations would not allow it to exceed 15 feet in height—which is the
maximum height allowed for detached garages. To ensure sufficient off-street parking, the
regulations would require a minimum of two off-street spaces that would not conflict with the
spaces associated with the principal unit.
Allowing accessory dwelling units within single-family homes could help to address the City's
housing needs as follows:
Accessory units could provide housing options for elderly parents or on-site caregivers to
provide services or companionship in exchange for rent. This arrangement could be
beneficial for seniors as well as for families requiring nanny services and separate nanny
quarters.
Accessory units could allow college students to stay near their parents or with an
unrelated homeowner, with a greater level of independence.
Accessory units could create affordable housing units for unrelated renters. Homeowners
would be able to rent accessory units to obtain additional income from rent and provide
an affordable rental unit for the tenant. As a household's need's change, accessory units
could be reincorporated for primary resident -owner's needs. As the supply of land
available for rental properties is limited, allowing accessory units on single-family
residential lots would provide flexible rental properties without consuming additional
land.
File 2002006
Page 4
Local examples of other communities that have addressed rental housing needs by allowing
accessory dwelling units in single family residential districts include the Cities of Minnetonka
and Stillwater. The City of Stillwater allows accessory dwelling units as a permitted special use
and has implemented the use of detached accessory units at the Liberty on the Lake development.
Stillwater requires design review for consistency with the primary unit in design, detailing, and
materials. The recently approved Seven Greens subdivision is modeled on the same "traditional
neighborhood design" principles as Liberty on the Lake. During the development approval
process, the developer of Seven Greens indicated a strong interest in providing the option of
accessory units to potential buyers. The City of Minnetonka allows accessory apartments as a
conditional use in residential districts and supports the use as a form of affordable housing.
Minnetonka requires that exterior changes to the house be kept to a minimum to not substantially
alter the single-family character of the structure.
Lastly, accessory dwelling units would not affect the way that density is calculated for a
development. A single-family home would be considered to be one dwelling unit, regardless of
whether or not it includes an accessory dwelling unit.
5. PROPOSED AMENDMENT:
This proposed amendment would allow accessory dwelling units on single-family lots, upon City
Council approval of a conditional use permit. The first part of the amendment would provide a
definition for "accessory dwelling unit" in the Zoning Ordinance, as follows:
Dwelling Unit, Accessory: A self-contained dwelling unit having its own kitchen and
bathroom facilities and which is designed as a second separate dwelling unit that is clearly
incidental and subordinate to the principal use of a lot as a single-family detached residence.
Under the draft ordinance, a new Subd. 1 entitled "accessory dwelling unit" would be added to
the list of conditional uses in the FRD (Future Restricted Development), RSF-1 (Single Family
Detached 1), and RSF-2 (Single Family Detached 2) zoning districts. Accessory dwelling units
would then be allowed by conditional use permit on single-family lots in all residential districts,
because all conditional uses allowed in RSF-2 district are automatically carried over to the
remaining residential districts.
Accessory dwelling unit" would appear as a new Subd. 1 under the list of conditional uses in
order to maintain consistency with the alphabetical listing of uses, as applied throughout the
ordinance. The amendment would also renumber the existing subdivisions that would follow the
new Subd. 1.
File 2002006
Page 5
In order for a conditional use permit to be approved, an accessory dwelling unit must meet the 7
general conditional use permit standards (copy attached), as well as with all 13 of the following
conditions:
a) Not more than one (1) accessory dwelling unit shall be allowed on a single-family
detached lot.
This condition is intended to preserve the neighborhood character by limiting the amount
of change on any given lot, even in instances where a lot may exceed the minimum lot
area requirement. More than one accessory dwelling unit per lot would not be
appropriate and may result in an unusual amount of off-street parking spaces for a
single-family home. This condition also specifies that the use applies only to single-
family detached lots.
b) An accessory dwelling unit shall be located above an attached or detached garage
that is accessory to a single-family detached home.
This condition would be required 1) because, due to Building Code requirements, it
would be prohibitively expensive to provide an accessory unit within a portion of an
existing home, and 2) so an accessory unit would not substantially alter the single-family
character and appearance of a home. Allowing the units to be arranged in a side-by-side
manner or within a portion of the principal -unit structure could result in a home that has
the appearance of a townhome—which would not be compatible with the character of a
single-family neighborhood.
c) An attached or detached accessory dwelling unit shall comply with the same
minimum building setback requirements as required for the living portion of the principal
dwelling unit.
In order to regulate bulk, this condition would provide consistency in the setback
requirements for both the principal and accessory dwelling unit. This condition helps to
clarify that, although a garage area may be located closer to a lot line than a living area,
an accessory dwelling unit above a garage is considered to be a living area, and
therefore, must meet the minimum setbacks specified for the living portion of the home.
d) An accessory dwelling unit shall be a clearly incidental and subordinate use, the
gross floor area of which shall not exceed the gross floor area of the principal dwelling
unit or one thousand (1,000) square feet whichever is less.
This condition limits the size of an accessory dwelling unit to ensure that the accessory
dwelling unit remains a subordinate and secondary use, and to ensure that the existing
character of the property and neighborhood is maintained.
File 2002006
Page 6
e) Unless otherwise specified in this Subdivision a detached accessory dwelling unit
shall be subject to the same regulations as provided for under Section 21120 of this
Chapter.
Section 21120 contains the general regulations for detached accessory buildings. This
condition was included to ensure that the neighborhood character is maintained. For
example, one provision of Section 21120 states that no detached accessory building may
be located within a front yard, unless such front yard also qualifies as an equivalent rear
or side yard.
f) The exterior design of an accessory dwelling unit shall incorporate a similar
architectural style roof pitch colors and materials as the principal building on the lot,
and shall be compatible with the character of the surrounding residential buildings.
This condition was included to address architectural compatibility and neighborhood
character.
g;) The owner of the property shall reside in the principal dwelling unit or in the
accessory dwelling unit.
This condition would help to preserve the neighborhood character by limiting the change
in tenure within the neighborhood.
h) Rental of the accessory dwelling unit or rental of the principal dwelling unit if the
property owner resides in the accessory dwelling unit shall require a City license
pursuant to Chapter 4 (Housing and Redevelopment) of the City Code.
This condition requires the property owner to obtain a rental housing license from the
City in order to rent. The rental license process requires inspections to insure the safety
of the unit and its occupants.
i) There shall be no separate ownership of the accessory dwelling unit.
This condition would require both the principal unit and accessory unit to remain under
one ownership, and not become separated from one another by subdivision or
condominium platting. The ordinance is not intended to provide an indirect means of
allowing two ownership units on an existing single-family lot, but rather is intended to
allow a subordinate rental unit on the same lot. Separate ownership of the units would
alter the single-family character of the property and neighborhood.
File 2002006
Page 7
j) In addition to the parking spaces required for the principal dwelling unit on the
lot two (2) off-street parking spaces shall be provided for an accessory dwelling unit.
Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling
unit parking spaces and shall comply with the requirements of this Chapter.
This condition would ensure that sufficient off-street parking is available on the site.
k) An accessory dwelling unit shall have a separate address from the principal
dwelling unit on the lot and shall be identified with address numbers pursuant to Chapter
4 (Building Code) of the City Code.
This condition would ensure the safety of the residents by assisting emergency response
personnel in identifying the proper unit.
1) The principal dwelling unit and accessory dwelling unit shall be created and
maintained in compliance with Chester 4 (Building Code Housing Maintenance, and
Housing and Redevelopment) of the City Code.
This condition requires an accessory dwelling unit to comply with the Building Code,
housing maintenance code, and rental housing code to ensure safety and proper upkeep.
in) The principal dwelling unit and accessory dwelling unit shall be connected to
municipal sewer and water.
This condition addresses concerns relating to public health and safety, and to protection
of the environment. The use would be allowable in all residential districts including the
FRD (Future Restricted Development) district. The FRD district includes properties
located both inside and outside the MUSA (Municipal Urban Service Area) boundary.
The use would not be allowable outside the MUSA boundary where City services are not
available, or on lots inside the MUSA boundary that are not connected to City services.
Staff considers this proposed amendment to be a first step to address the housing goals outlined
in the Comprehensive Plan. If the ordinance is adopted, staff would monitor and evaluate the
ordinance as it goes into practice to identify any issues or unintended consequences. It is
common for new regulations such as this to be fine-tuned during their first year of
implementation.
File 2002006
Page 8
6. RECOMMENDATION:
Community Development Department staff recommends adoption of the following attached
items, as recommended by the Planning Commission:
a) An ordinance amending the Zoning Ordinance to allow accessory dwelling units on
single-family lots with a conditional use permit; and
b) A resolution approving findings of fact for the text amendment.
ATTACHMENTS:
1. Ordinance Amending Zoning Ordinance Text
2. Resolution Approving Findings of Fact
3. Conditional Use Permit General Standards
4. Planning Commission Minutes
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2002 -
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY
CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2002006)
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Amendments. The text of Chapter 21 of the Plymouth City Code is hereby
amended as follows:
A. SECTION 21005.02 (RULES AND DEFINITIONS—DEFMTONS) IS HEREBY
AMENDED BY ADDING THE FOLLOWING DEFINITION:
Dwelling Unit, Accessory: A self-contained dwelling unit havin, its own kitchen and
bathroom facilities and which is desimed as a second separate dwelling unit that ns clearly
incidental and subordinate to the principal use of a lot as a single-family detached residence.
B. SECTION 21350.07 (FRD, FUTURE RESTRICTED DEVELOPMENT DISTRICT—
CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21350.07. CONDITIONAL USES: The following are conditional uses allowed in a FRD
District and require a conditional use permit based upon procedures set forth in and regulated by
Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which
may be cited below for respective conditional uses, each request for a conditional use permit
shall be evaluated based upon the standards and criteria set forth in Section 21015.02, Subd. 5
and 21015.04 of this Chapter.
Subd 1 Accessory dwelling unlit provided that:
a) Not more than one (1) accessory dwelling unit shall be allowed on a sing),le-fannily
detached lot.
1
fib) An accessory dwelling unit shall be located above an attached or detached garage
that is accessory to a single -family detached home.
An attached or detached accessory dwelling unit shall comply with the same
mi,nirnu n building setbacl requirements as required for the livin portion of the principal
dwellingunit.
d) An accessory dwelling unit shall be a clearly incidental and subordinate use, the
gross floor area of which shall not exceed the gross floor area of theprincipal dwelling
unit or one thousand (1,000) square feet whichever is less.
e) Unless otherwise specified in this Subdivision a detached accessory dwellin unit
shall be subject to the same regulations as provided for under Section 21120 of this
Chapter.
f) The exterior desi m of an accessory dw°ellin unit shall incorporate a similar-
architectural style roof pitch colors and materials as the principal building on the lot,
and shall be compatible with the character of the surrounding residential build.in.gs.
g) The owner of' the property shall reside in the principal dwelhn unit or in the
accessory dwelli,l trait.
h) Rental of the accessory dwelling unit or rental of the principal dwellin:; unit if the
property owner resides in the accessory dwellingy unit shall require a City license
pursuant to Chester 4 (Housing and Redevelopment) of the City Code.
i) There shall be no separate ownership of the accessory dwelling, unit.
Oj__ In addition to the parking spaces required for the principal dwelling unit on the
lot two (2) off-street parking spaces shall be provided for an accessary dwelling'..unit.
Such accessory dwelling unit parking spaces shall not conflict with the principal dwelling
unit parking spaces and shall complywith the requirements of this Chapter.
k) An accessory dwelling unit shall have a separate address from the principal
dwelling unit on the lot and shall be identified with address numbers pursuant to Chapter
4 (Building Code) of the City Code.
l l'he principal dwelling unit and accessory dwelling unit shall be created and
maintained in compliance with Chapter 4 (Building Code Housinyr Maintenance, and
Housing.; andRedcvelo ruent) of the City Code.
m The principal dwelling unit and accessory dwelling unit shall be connected to
municipal sewer and water.
Subd.1<-2. Antennas not located on a public structure or existing tower, as regulated
by Section 21175 of this Chapter.
Subd. 23. Bed and Breakfast in accordance with Section 21190.01. 1
Subd. 34. Cemeteries or memorial gardens provided that:
a) The site is landscaped in accordance with Section 21130.
b) The use is public or semi-public.
c) The use meets the minimum setback requirements for principal structures.
Subd. 45. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. -56. Essential service structures as defined by Section 21005 of this Chapter
necessary for the health, safety and general welfare of the City, excluding public works type
facilities and uses, provided that:
a) Equipment is completely enclosed in a permanent structure with no outside
storage.
Subd. til. Living quarters which are provided as an accessory use to a principal use
in Section 21350.03 or to a conditional use in this section provided that:
a) The living quarters shall not be used as rental property.
b) A maximum of one (1) such dwelling shall be allowed.
c) There shall be a demonstrated and documented need for such a facility (i.e.,
caretaker, security, etc.).
Amended by Ord. No. 2002-02, 01122102
Subd. 78. Parks and recreational areas owned or operated by public bodies; other
than the City of Plymouth.
Subd. $9. Recreational fields (outdoor) including golf courses, swimming pools, and
similar facilities, and directly related buildings and structures.
Subd. 910. Recreational structures and buildings (private), including those for golf,
tennis and swimming, located on the premises of clubs or other allowed uses.
Subd. 4-011. Residential shelters in accordance with Section 21190.02.
Subd. 1412. Retail commercial activities and personal services in allowed non-
residential facilities, provided that:
3
a) Merchandise is sold at retail.
b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within a C-1 Zoning District.
c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
e) The retail activity and personal services are not located within a structure whose
principal use is residential.
f) No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 4-213. Single satellite dish TVROs greater than one (1) meter in diameter as
regulated by Section 21175 of this Chapter.
Subd. 4314. Stables and riding academies.
C. SECTION 21355.07 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT
1—CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21355.07. CONDITIONAL USES: The following are conditional uses allowed in a RSF-1
District and require a conditional use permit based upon procedures set forth in and regulated by
Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which
may be cited below for respective conditional uses, each request for a conditional use permit
shall be evaluated based upon the standards and criteria set forth in Section 21015.02, Subd. 5
and 21015.04 of this Chapter.
Subd 1 Accessory dwelling unit subiect to the same conditions as specified in
Section 21350.07 Subd. l of"this Chapter.
Subd. 4-2. Antennas not located on a public structure, or existing tower as regulated
by Section 21175 of this Chapter.
Subd. 23. Bed and breakfast in accordance with Section 21190.01.
Subd. 34. Cemeteries or memorial gardens provided that:
4
a) The site is landscaped in accordance with Section 21130.
b) The use is public or semi-public.
c) The use meets the minimum setback requirements for principal structures.
Subd. 4.5. Day care facilities not within a residential dwelling, as a principal or an
accessory use provided that:
a) The use complies with the provisions of Section 21150 of this Chapter.
Amended by Ord. No. 2001-06, 02/13/01)
Subd. 56. Educational facilities, including public and private accredited nursery,
elementary, middle or junior high, and high schools.
Subd. 67. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 78. Essential service structure as defined by Section 21005 of this Chapter
necessary for the health, safety and general welfare of the City, excluding public works type
facilities and uses, provided that:
a) Equipment is completely enclosed in a permanent structure with no outside
storage.
Subd. 89. Living quarters which are provided as an accessory use to a principal use
allowed as a conditional use or interim use in Section 21355 provided that:
a) The living quarters shall not be used as rental property.
b) A maximum of one (1) such dwelling shall be allowed.
c) There shall be a demonstrated and documented need for such a facility (i.e.,
caretaker, security, etc.).
Subd. 910. Parks and recreational areas owned or operated by public bodies; other
than the City of Plymouth.
Subd. 4-011. Recreational fields (outdoor) including golf courses, swimming pools, and
similar facilities, and directly related buildings and structures.
Subd. 4412. Recreational structures and buildings (private), including those for golf,
tennis and swimming, located on the premises of clubs, schools, and places of worship.
5
Subd. 4-213. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 4314. Residential Shelters in accordance with 21190.02.
Subd. 141.5. Retail commercial activities and personal services in allowed non-
residential, non -religious facilities, provided that:
a) Merchandise is sold at retail.
b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within a C-1 Zoning District.
c) The retail activity and personal services are located within a structure whose
principal use is not commercial sales.
d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
e) The retail activity and personal services are not located within a structure whose
principal use is residential.
f) No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 4516. Single satellite dish TVROs greater than one (1) meter in diameter as
regulated by Section 21175 of this Chapter.
Subd. 4617. Social services or other activities which are not directly worship related as
an accessory use within a religious institutional building(s).
D. SECTION 21360.07 (RSF-2, SINGLE FAMILY DETACHED DWELLING DISTRICT
2—CONDITIONAL USES) IS HEREBY AMENDED AS FOLLOWS:
21360.07. CONDITIONAL USES: The following are conditional uses allowed in an RSF-
2 District and require a conditional use permit based upon procedures set forth in and regulated
by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which
may be cited below for respective conditional uses, each request for a conditional use permit
shall be evaluated based upon the standards and criteria set forth in Section 21015.02, Subd. 5
and 21015.04 of this Chapter.
0
Subd l Accessory dwelling unit subject to the same conditions as specified in
Section 21350.07 Subd. 1 of this Chapter.
Subd. 12. Antennas not located on a public structure, or existing tower as regulated
by Section 21175 of this Chapter.
Subd. 23. Day care facilities not within a residential dwelling, as an accessory use
provided that:
a) The use complies with the provisions of Section 21150 of this Chapter.
Amended by Ord. No. 2001-06, 02/13/01)
Subd. 34. Educational facilities, including public and private accredited nursery,
elementary, middle or junior high, and high schools.
Subd. 45. Essential services requiring a conditional use permit pursuant to Section
21160 of this Chapter.
Subd. 56. Essential service structures as defined by Section 21005 of this Chapter
necessary for the health, safety and general welfare of the City, excluding public works type
facilities and uses, provided that:
a) Equipment is completely enclosed in a permanent structure with no outside
storage.
Subd. 67. Parks and recreational areas owned or operated by public bodies; other
than the City of Plymouth.
Subd. 78. Recreational fields (outdoor) including golf courses, swimming pools, and
similar facilities, and directly related buildings and structures.
Subd. 89. Recreational structures and buildings (private), including those for golf,
tennis and swimming, located on the premises of clubs, schools, and places of worship.
Subd. 910. Religious institutions such as churches, chapels, temples, synagogues,
mosques limited to worship and directly related social events.
Subd. 4-011. Residential shelters in accordance with 21190.02.
Subd. 441.2. Retail commercial activities and personal services in allowed non-
residential, non -religious facilities, provided that:
a) Merchandise is sold at retail.
7
b) Personal services are limited to those uses and activities which are allowed as a
permitted or permitted accessory use within a C-1 Zoning District.
c) The retail activity and personal services are located within a structure
whose principal use is not commercial sales.
d) The retail activity and personal services shall not occupy more than fifteen (15)
percent of the gross floor area of the building.
e) The retail activity and personal services are not located within a structure whose
principal use is residential.
f) No directly or indirectly illuminated sign, or sign in excess of ten (10) square feet
identifying the name of the business shall be visible from the outside of the building.
g) No signs or posters of any type advertising products for sale or services shall be
visible from the outside of the building.
Subd. 4413. Single satellite dish TVROs greater than one (1) meter in diameter as
regulated by Section 21175 of this Chapter.
Subd. 4-314. Social services or other activities which are not directly worship related as
an accessory use within a religious institutional building(s).
SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage.
ADOPTED by the City Council on March 26, 2002.
ATTEST:
Sandra R. Paulson, City Clerk
0
Joycelyn H. Tierney, Mayor
CITY OF PLYMOUTH
RESOLUTION 2002 -
APPROVING FINDINGS OF FACT FOR ZONING ORDINANCE TEXT
AMENDMENT TO ALLOW ACCESSORY DWELLING UNITS ON SINGLE-
FAMILY RESIDENTIAL LOTS (2002006)
WHEREAS, the Planning Commission has reviewed the text amendment at a duly called
Public Hearing; and
WHEREAS, the City Council has adopted a Zoning Ordinance text amendment to allow
accessory dwelling units on single-family lots upon issuance of a conditional use permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve a
Zoning Ordinance text amendment to allow accessory dwelling units on single-family lots
upon issuance of a conditional use permit, based upon the following findings:
1. Allowing accessory dwelling units on single-family lots would be consistent with the
housing and implementation chapters of the City's Comprehensive Plan.
2. Accessory dwelling units could provide life -cycle and affordable rental housing
options not previously available.
3. Accessory dwelling units could provide additional housing opportunities without
consuming additional land.
4. The conditional use permit procedure would allow for public input, and would
establish several conditions of approval to ensure that an accessory dwelling unit
would be compatible with the principal dwelling unit and the neighborhood.
ADOPTED by the City Council on March 26, 2002.
Res. 2002 -
File 2002006)
Page 2
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of
Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a
meeting of the Plymouth City Council on March 26, 2002 with the original thereof on file
in my office, and the same is a correct transcription thereof
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk
ZONING ORDINANCE
CONDITIONAL USE PERMIT STANDARDS
21015.02 PROCEDURE: Pursuant to Minnesota Statutes 15.99, an
application for a conditional use permit shall be approved or denied within
sixty(60) days from the date of its official and complete submission unless
extended pursuant to Statute or a time waiver is granted by the applicant. If
applicable, processing of the application through required state or federal
agencies shall extend the review and decision-making period an additional sixty
60) days unless this limitation is waived by the applicant.
Subd.5. The Planning Commission shall consider possible adverse effects
of the proposed conditional use. Its judgment shall be based upon (but not
limited to) the following factors:
Compliance with and effect upon the Comprehensive Plan, including
public facilities and capital improvement plans.
2. The establishment, maintenance or operation of the conditional use will
promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals, or comfort.
The conditional use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purpose already
permitted, nor substantially diminish and impair property values within
the neighborhood.
4. The establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding property for uses
permitted in the district.
5. Adequate public facilities and services are available or can be reasonably
provided to accommodate the use which is proposed.
6. The conditional use shall, in all other respects, conform to the applicable
regulations of the district in which it is located.
7. The conditional use complies with the general and specific performance
standards as specified by this Section and this Chapter.
Section 21015 -Plymouth Zoning Ordinance
fonns/cupsta)
Approved
Planning Commission Minutes
February 20, 2002
Page 6
B. CITY OF PLYMOUTH (2002006)
Chairman Berkowitz introduced the zoning ordinance text amendment to allow accessory
dwelling units above attached or detached garages on single family residential lots.
Senior Planner Drill gave an overview of the February 12, 2002 staff report.
Commissioner Holmes asked about a garage addition, as an accessory dwelling, on a
rambler. Mr. Holmes said he felt this would change the entire look of the house and
wouldn't fit.
Senior Planner Drill said that type of use might change the character of a neighborhood.
In that case, the property owner could build a detached garage with an accessory unit.
Senior Planner Drill added another possibility would be to build a second floor over the
entire house. He added this option of an accessory unit won't work for every home but
the City does want to provide the option for those cases where it will work.
Chairman Berkowitz opened the public hearing.
Chairman Berkowitz introduced Marcos Warner, 915 Mainstreet, Hopkins.
Mr. Warner stated he is a non-profit developer and supports this ordinance. Mr. Warner
commended staff on the work they have done for affordable rental housing and affordable
home ownership. He added the purchaser of a house can afford more house as the rental
income from the apartment will allow a buyer to increase the amount of mortgage they
qualify for. Mr. Warner feels this is an important tool for the City of Plymouth and
encourages support for adoption of the ordinance.
Mr. Warner asked about accessibility because wheelchair access is an issue, especially for
the elderly. He asked if the accessory unit could be located behind the garage rather than
above the garage. Mr. Warner asked if the unit could be located below the garage if it
were a new house.
Chairman Berkowitz closed the public hearing.
Senior Planner Drill said the principal structure could be an accessible unit.
Director Hurlburt said placement of the unit above the garage is important for building
code reasons, such as fire separation codes. Ms. Hurlburt said with new construction
there would be more flexibility, but there is a concern if units are side by side as this
could create a loophole to build a townhome or twinhome structure, thereby changing the
character of the neighborhood. Director Hurlburt stated the footprint of the house does
not expand but rather the accessory unit would go above the garage. She added she is not
supportive of recommending easing that part of the regulation.
Approved
Planning Commission Minutes
February 20, 2002
Page 7
Chairman Berkowitz asked if there is a below garage option with an at -grade entrance
there.
Director Hurlburt said the design would need review as there would still be an
accessibility issue for an entrance below grade level as it would still pose an accessibility
problem. Director Hurlburt said she has seen the above the garage concept and feels this
will not change the character of the neighborhood.
Commissioner Gaither stated he is in complete support of this concept and recognizes
that the issue of affordable housing is very complex. Mr. Gaither stated there should be a
distinction between new construction and existing structures. Mr. Gaither said he feels
this is progress and an appropriate first step.
Chairman Berkowitz asked for clarification on the difference between a formal accessory
dwelling unit and a boarder or roommate sharing the rent.
Senior Planner Drill responded that the distinction is the separation between the residence
and the accessory dwelling unit. If a renter is sharing the same general areas, such as
kitchen, laundry and access, then it is considered a boarding situation.
MOTION by Commissioner Gaither, seconded by Commissioner Larson, to approve the
zoning text amendment to provide a definition for accessory dwelling units and to allow
accessory dwelling units on single family lots with a conditional use permit.
Vote. 6 Ayes. MOTION approved.
A. CITY OF PLYMOUTH
Chairman Ber itz introduced the request to review and accept the 2002 Planning
Commission Annua crk Program.
Director Hurlburt gave an ove of the February 14, 2002 staff report, which detailed
objectives for the Planning Commis for 2002.
MOTION by Commissioner Larson, seconde ommissioner Holmes, to approve for
submission to the City Council the 2002 Planning Co ission annual work program.
Vote. 6 Ayes. MOTION approved.
ADJOURNMENT
MOTION by Commissioner Gaither, seconded by Commissioner Rohloff, to
Vote. 6 Ayes. MOTION approved. The meeting adjourned at 8:10 p.m.
O
Agenda Number:
TO: Dwight D. Johnson, City Manager
FROM: Laurie Ahrens, Assistant City Managerpj
SUBJECT: Set Future Study Sessions
DATE: April 10, 2002, for Council study session of April 16, 2002
1. ACTION REQUESTED: Review the pending study session topics list and, if desired,
establish future special meetings or amend the topics list. Calendars are attached to assist in
scheduling.
Pending Study Session Topics
at least 3 Council members have approved the following study items on the list)
Traffic Calming Program (Slavik, Tierney, Johnson)
Consider Creating a Downtown Council (Johnson, Stein, Black)
Snowplowing (Hewitt, Johnson, Stein)
OFFICIAL CITY MEETINGS
April 2002
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
7:00 PM WARD 7:00 PM 7:00 PM HUMAN 9:00 AM YARD
2 MEETING, PLANNING RIGHTS & GARDEN
Plymouth Creek COMMISSION, COMMISSION - EXPO, Plymouth
Center Council Chambers Council Chambers Creek Center
7 8 9 10 11 12 13
DAYLIGHT
SAVINGS
7:00 PM YOUTH
ADVISORY
5:30 PM SPECIAL
COUNCIL MEETING-
7:00 PM EOC,
Bass Lake Room
7:00 PM PRAC,
Council Chambers
5:00 PM THRU
APRIL 16 -
COMMENCES- COUNCIL,Council DlLATIOREGULATION OF
7:00 PM WAYZATA
PLYMOUTH FINE
set clocks ahead 1 Chambers PHOSPHORUS;
REDISTRICTING, SCHOOL DISTRICT
ARTS COUNCIL
PRIMAVERAhourPublicSafetyTraining
Room
WIND TURBINE
MEETING, 4955 SHOW, Plymouth
Peony Lane Creek Center
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
14 15 16 17 18 19 20
BDD PM SPECIAL COUNCIL
MEETING: DINNER WITH
HENNEPIN COUNTY
7:00 PM
PLANNING
7:00 PM HRA -
Medicine Lake Room
COMMISSIONERS, Pp'—i,
creek C, COMMISSION, 7;00 PM PUBLIC
Council Chambers SAFETY ADVISORY
8:00 PM BOARD OF APPEAL B BOARD, Police Dept.
EQUALIZATION, Cwrcll
Chamber
Library
SPECIAL COUNCIL MEETING
IMMEDIATELY FOLLOWING):
ACCESSORY BUILDING
ORDINANCE. Courcil
Chambers
21 22 23 24 25 26 27
7:00 PM YOUTH
ADVISORY
COUNCIL,CounGl
8:30 AM HUMAN
RIGHTS
COMMISSION
T: AM LOCAL BUS INESS
COUNCIL, RaCin—w Held
5210 PM SPECIAL COUNCIL
MEETING -CONDUCT
Chambers INTERVIEWSOFYOUTH STUDENT
APPLICANTS;
T.
infRu"
Sarery
WORKSHOP,
Plymouth Creek
7 Do PM REGULAR COUNCIL
MEETING, C-1 Chambers Center
7:00 PM PACT -
Bass Lake Room
28 29 30 Mar 2002 May 2002
DoAM CITY EMPLOYEE
RECOGNITION LUNCH, S M T W T F S S M T W T F S
P yna Creek Cedx
1 2 3 412
PM BOARD OF APPEAL B
EQUALIZATION 3 4 5 6 7 8 9 5 6 7 8 9 10 11
17:0)
RECONVENED), Cour'
Ch.— 10 11 12 13 14 15 16 12 13 14 15 16 17 18
MEE 17 18 19 20 21 22 2317 19 20 21 22 23 24 25
ISPECIAL
MMEDIATELY FOLLOWING). IMMEDIATELY FOLLOWING): U
DEPLETION OF QITYB
AQUIFERS ENT; TASTE OFTREATMENT; TASTE Of
24 25 26 27 28 29 30 26 27 28 29 30 31
WATER 31
L.
modified on 4/11/2002
OFFICIAL CITY MEETINGS
May 2002
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
Apr 2002
S M T W T F S
Jun 2002
S M T W T F S 7:00 PM
PLANNING
7:00 PM HUMAN
RIGHTS
1 2 3 4 5 6 1 COMMISSION, COMMISSION -
7 8 9 10 11 12 13 2 3 4 5 6 7 8 Council Chambers Council Chambers
14 15 16 17 18 19 20 9 10 11 12 13 14 15
21 22 23 24 25 26 27 16 17 18 19 20 21 22
28 29 30 23 24 25 26 27 28 29
30
5 6 7 8 9 10 11
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
7:00 PM SPECIAL
COUNCIL MEETING:
TAXICAB SERVICE TO
SUPPLEMENT THE
PLYMOUTH
DIAL -A -RIDE
PROGRAM, Public
Safety Training Room
7:00 PM EQC,
Bass Lake Room
7:00 PM PRAC,
Council Chambers
10:30 AM - 4:00
PM
PLYMOUTH
HISTORY
FEST, Parkers
Lake Park
12 13 14 15 16 17 18
5:00 PM YOUTH
ADVISORY
7:00 PM
REGULAR
7:00 PM
PLANNING
7:00 PM HRA -
Medicine Lake Room
COUNCIL TOWN
FORUM, Plymouth
Creek Center
COUNCIL
MEETING, Council
Chambers
COMMISSION,
Council Chambers
7:00 PM PUBLIC
SAFETYADVISORY
BOARD, Police Dept.
Library
19 20 21 22 23 24 25
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
7:00 PM PACT -
Bass Lake Room
7:00 PMSPECIAL
COUNCIL MEETING:
LAWFUL
GAMBLING;
VARIOUS TOPICS
WITH NW
PLYMOUTH
RESIDENTS, Council
Chambers
26 27 28 29 30 31
MEMORIAL DAY
Observed) - City
Offices Closed
7:30 AM LOCAL
BUSINESS
COUNCIL, Radisson
Hotel
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
modified on 4/11/2002
OFFICIAL CITY MEETINGS
June 2002
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Jul 2002
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
1
9:00 AM -3:30
PM, PLYMOUTH
CLEAN-UP DAY,
Public Works
Maintenence
Facility
May 2002
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
2 3
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
4 5
7:00 PM
PLANNING
COMMISSION,
Council Chambers
6
7:00 PM HUMAN
RIGHTS
COMMISSION -
Council Chambers
7 8
9 10 11
7:00 PM
REGULAR
COUNCIL
MEETING, Council
Chambers
12
7:00 PM EQC,
Bass Lake Room
13
7:00 PM PRAC,
Council Chambers
14
Flag Day
15
16 17
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
18 19
7:00 PM
PLANNING
COMMISSION,
Council Chambers
20 21 22
7:00 PM HRA -
Medicine Lake Room
7:00 PM PUBLIC
SAFETY ADVISORY
BOARD, Police Dept.
Library
LEAGUE OF MINNESOTA CITIES ANNUAL CONFERENCE, Rochester Civic Center
23 24 25
7:30 AM LOCAL
BUSINESS COUNCIL,
Radisson Hotel
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
26
700 PM PACT-
Bass Lake Room
27 28 29
9:15 AM MUSIC IN
PLYMOUTH 5k
RUN
30
modified on 4/11/2002
OFFICIAL CITY MEETINGS
July 2002
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 S 6
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
5:15 PM MUSIC
IN PLYMOUTH,
City Center
Amphitheater
7:00 PM
PLANNING
COMMISSION,
Council Chambers
INDEPENDENCE
DAY - City
Offices Closed
7 8 9 10 11 12 13
7:00 PM
REGULAR
7:00 PM EQC,
Bass Lake Room
7:00 PM PRAC,
Council Chambers
COUNCIL
MEETING, Council
Chambers
14 15 16 17 18 19 20
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
7:00 PM
PLANNING
COMMISSION,
Council Chambers
7:00 PM HRA -
Medicine Lake Room
7:00 PM PUBLIC
SAFETY ADVISORY
BOARD, Police Dept.
Library
21 22 23 24 25 26 27
7:30 AM LOCAL
BUSINESS
COUNCIL, Radisson
Hotel
7:00 PM PACT -
Bass Lake Room
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
28 29
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
30 31 Jun 2002
S M T W T F S
Aug 2002
S M T W T F S
1
2 3 4 5 6 7 8
1 2 3
4 5 6 7 8 9 10
9 10 11 12 13 14 15 11 12 13 14 15 16 17
16 17 18 19 20 21 22 18 19 20 21 22 23 24
23 24 25 26 27 28 29 25 26 27 28 29 30 31
30
modified on 4/11/2002
OFFICIAL CITY MEETINGS
August 2002
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3
Ju12002
S M T W T F S
Sep 2002
S M T W T F S
1 2 3 4 5 6 7
7:00 PM HUMAN
RIGHTS
COMMISSION - 1 2 3 4 5 6
7 8 9 10 11 12 13 8 9 10 11 12 13 14 Council Chambers
14 15 16 17 18 19 20 15 16 17 18 19 20 21
21 22 23 24 25 26 27 22 23 24 25 26 27 28
28 29 30 31 29 30
4 5 6 7 8 9 10
7:00 PM 7:00 PM PRAC,
PLANNING Council Chambers
COMMISSION,
Council Chambers
11 12 13 14 15 16 17
7:00 PM YOUTH
ADVISORY
COUNCiL,Council
Chambers
7:00 PM
REGULAR
COUNCIL
MEETING, Council
Chambers
7:00 PM EDC,
Bass Lake Room
7:00 PM HRA -
medicine Lake Room
7:00 PM PUBLIC
SAFETY ADVISORY
BOARD, Police Dept.
Library
18 19 20 21 22 23 24
7:00 PM
PLANNING
COMMISSION,
Council Chambers
25 26 27 28 29 30 31
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
7:30 AM LOCAL
BUSINESS
COUNCIL, Radisson
Hotel
700 PM PACT -
Bass Lake Room
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
modified on 4/11/2002