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VII.2. First Reading Ordinance Amending Development Code for Accessory Structures in NX zones; Krzos 1 City Council Report 2024-149 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Ryan Krzos, City Planner Date: December 10, 2024 Subject: First Reading of an Accessory Structure Development Code Amendment _____________________________________________________________________ REQUEST Staff proposes an amendment to the Development Code regulations to allow single unit dwellings to have larger accessory structures in NX zones. Current Requirement: In the NX1 and NX2 Zones, total aggregate ground coverage (footprint) of all accessory buildings may not exceed 528 square feet per dwelling unit. As a result, a single unit dwelling is only allowed a 528 square foot garage. Proposed Requirement: accessory buildings may not exceed 528 square feet per dwelling unit or, for single unit dwellings, may not exceed the requirements for N2 and N3 Zones. • In N2 and N3 Zones, no more than 2 accessory buildings may be located on a single lot. The total aggregate ground coverage (footprint) of all such accessory buildings may not exceed 1,000 square feet. RECOMMENDATION The City Council is asked to adopt Resolution 2021-071 approving a first reading of a Development Code Amendment for Accessory Structures in NX zones. ANALYSIS Rationale: In the City’s neighborhood zones, the number and size of accessory structures are limited so that no properties stand out as having too many or too large garages, sheds or the like. The current accessory structure limit for the NX zones, anticipates that those properties will have multi-unit dwellings, so the size of accessory structures is on a per unit basis. Planning & Development CITY OF HOPKINS 2 However, not all property with NX zones are multi-household dwellings. Currently, 75 out of the 1895 (3%) parcels zoned NX are single-unit dwellings. So, in NX zones single unit dwellings are restricted to smaller accessory structures than are allowed for similar dwellings in the lower intensity neighborhood zones (N2 and N3), despite having similar characteristics to the N3 zone. Staff recommends the proposed code amendment to align the requirements. Review Criteria: Staff finds that the proposed code amendment meets the criteria for approval. In making decisions about development code text amendments, the City must consider all relevant factors, including at least the following criteria: 1. Whether the proposed development code text amendment is in conformity with the comprehensive plan The development code amendment is consistent with the goals and policies of the 2040 Comprehensive Plan. The Plan’s Land Use Section states a goal to support and strengthen the city’s residential areas with reinvestment and appropriate infill. The amendment would allow for opportunities to further enhance Hopkin’s detached single unit housing stock in NX zones, through appropriately scaled accessory building allowances. 2. Whether the proposed development code text amendment corrects an error or inconsistency or will help meet the challenge of a changed or changing condition. The development code amendment corrects an inconsistency in restricting accessory buildings for single unit dwellings in NX zones to a greater degree than similar properties in N2 and N3 zones. The proposed amendment would align requirements for single unit dwellings with the N2 and N3 zone requirements. Planning and Zoning Commission Review: The Planning and Zoning Commission review this amendment at their November 26, 2024 meeting. The Commission agreed with staff’s analysis and findings, and approved a resolution recommending approval. Community Input and Engagement: • The discrepancy in the code was discovered in discussing requirements with a community member interested in a garage, potentially with an accessory dwelling. • No community members commented on this item as of the writing of this report. • No community member spoke during the public hearing. Engagement Activities: • The Planning and Zoning Commission’s public hearing. • Published notice of this public hearing in the City’s official paper. 3 Alternatives: Development Code Text Amendments are considered legislative action. The City has a wide degree of discretion in creating legislation, but it must be reasonable and promote public health, safety, and/or general welfare. The City Council could consider the following alternatives: • Recommend modifications the proposal – such as a change to the number or size of allowed accessory structures. • Recommend denial of the proposal keeping the accessory structure requirements as-is. NEXT STEPS If approved for a first reading, the required second reading of the Ordinance will be scheduled for the December 17 regular City Council meeting. Publication of the ordinance amendment in the City’s official paper is required to make it effective. CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORIDNANCE 2024-1217 AN ORDINANCE AMENDING CHAPTER 102 OF THE HOPKINS CITY CODE RELATED TO ACCESSORY STRCUTRES IN NX ZONES THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. Hopkins City Code, Part III, Chapter 102, Article 6, Subsubsection 102- 610(b)(3)c., is hereby amended by adding the double-underlined language as follows: c. NX Zones. In NX zones, the total aggregate ground coverage (footprint) of all accessory buildings may not exceed 528 square feet per dwelling unit, except lots with one (principal) house occupied by one household are subject to b above. SECTION 2. The effective date of this ordinance shall be December 26, 2024. First Reading: December 10, 2024 Second Reading: December 17, 2024 Date of Publication: December 26, 2024 Date Ordinance Takes Effect: December 26, 2024 By:___________________________ Patrick Hanlon, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-071 A RESOLUTION APPROVING A FIRST READING OF ORDINANCE 2024-1217 AMENDING CHAPTER 102 OF THE HOPKINS CITY CODE RELATED TO ACCESSORY STRCUTRES IN NX ZONES WHEREAS, the Hopkins Development Code is intended to establish the development standards to implement the community vision and enact the vision, goals and policies of the 2040 Comprehensive Plan – Cultivate Hopkins; and WHEREAS, City staff is requesting a Development Code Text Amendment to modify requirements for accessory structures for single unit dwellings in the NX zones; and WHEREAS, the procedural history of the Development Code Text Amendment is as follows: 1. That the above stated Development Code Text Amendment was initiated by the City; and, 2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on November 26, 2024 and all persons present were given an opportunity to be heard; and, 3. That written comments and analysis of City staff were considered; and, 4. The Hopkins Planning & Zoning Commission adopted a resolution recommending approval of the proposed Ordinance; and, WHEREAS, staff recommended approval of the above stated application based on the findings outlined in the Council Report 2024-149 dated December 10, 2024. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves a first reading of ordinance 2024-1217 amending the Hopkins Development Code related to accessory structures in NX zones. Adopted this 10th day of December 2024. ________________________ ATTEST: Patrick Hanlon, Mayor __________________________ Amy Domeier, City Clerk