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Home My WebLink AboutVIII-05 1st Reading-Order Public Hearing Amend Ordinance Zoning Definition of Family City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: November 15, 2021 Item: 1st Reading\Order Public Hearing: City Code Amendment – Zoning - Definition of Family Council Action Requested: Consider 1st Reading and schedule a public hearing of the attached amendment to Hastings City Code Chapters 150.02 pertaining to the definition of “family”. Upon action by the City Council, the public hearing, 2nd reading, and final action would be scheduled for the December 6th City Council Meeting. Approval requires a simple majority of the City Council. Background Information: The following change is proposed: FAMILY. A group of individuals living under 1 roof. An individual, or two (2) or more persons related by blood, marriage, guardianship, adoption; or a group of not more than four (4) persons not so related, living together as a single housekeeping unit using common household, common cooking, and kitchen facilities. Financial Impact: N\A Advisory Commission Discussion: At the November 8, 2021 Planning Commission Meeting a motion to approve the amendment failed on a 3-4 vote (aye - Messina, King, and Matzke; nay - Romens, Teiken, Peters, and Halberg). During the public hearing one individual provided comment questioning the need of the amendment and its effect on affordability of housing. An email message with similar concerns was also received. Commissioners discussed potential unintended consequences of the change pertaining to number of children, foster care situations, and group homes. Council Committee Discussion: The Planning Committee of City Council (Chair Folch, Leifeld, and Vaughan) reviewed the item on September 8, 2021 and were supportive of changing the definition. Attachments: • Draft Ordinance Amendment • Planning Commission Report - November 8, 2021 VIII-05 City Council 1st Reading - November 15, 2021 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2021-___ An Ordinance of the City of Hastings amending City Code Section 155.02 - Zoning Code - Definition of Family BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. Hastings City Code Section 155.02 - Zoning Code - Definitions is hereby amended as follows (strikethrough language is deleted): FAMILY. A group of individuals living under 1 roof. An individual, or two (2) or more persons related by blood, marriage, guardianship, adoption; or a group of not more than four (4) persons not so related, living together as a single housekeeping unit using common household, common cooking, and kitchen facilities. SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective upon seven (7) days after its passage and publication. Adopted by the Hastings City Council on this 6th day of December 2021, by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS ____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh City Clerk VIII-05 I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of December 2021, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________ Kelly Murtaugh City Clerk VIII-05 To: Planning Commission From: John Hinzman, Community Development Director Date: November 8, 2021 Item: City Code Amendment - Definition of Family Planning Commission Action Requested Hold a public hearing and consider an amendment to City Code Chapter 155.02 - Zoning Code Definitions modifying the definition of “Family”. Proposed Amendment FAMILY. A group of individuals living under 1 roof. An individual, or two (2) or more persons related by blood, marriage, guardianship, adoption; or a group of not more than four (4) persons not so related, living together as a single housekeeping unit using common household, common cooking, and kitchen facilities. Rationale for Amendment The current definition allows an unlimited number of individuals to reside in any residential unit. The City has seen an increased number of requests to rent out individual rooms that increase the activity and vehicles that is beyond what is normally expected within residential neighborhoods. Staff’s intent for the change is not to over-regulate the changing nature of what constitutes a family, but to limit the number of unrelated individuals living within a single unit. Staff worked with the City Attorney to review the definition of family in surrounding communities. Definitions share a common theme of limiting the number of individuals within a residential unit that are not related by blood, marriage, domestic partnership, foster care, guardianship, adoption, civil unions, etc. (generally termed “unrelated individuals”). The number of unrelated individuals within a unit generally varies from 3-5 people. Planning Committee of City Council Review On September 8, 2021, the Planning Committee of City Council (Chair Folch, Leifeld, and Vaughan) reviewed the issue and supported consideration of a change to the code. Attachments • Draft Ordinance Amendment Planning Commission Memorandum VIII-05 Planning Commission Review - November 8, 2021 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2021-___ An Ordinance of the City of Hastings amending City Code Section 155.02 - Zoning Code - Definition of Family BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. Hastings City Code Section 155.02 - Zoning Code - Definitions is hereby amended as follows (strikethrough language is deleted): FAMILY. A group of individuals living under 1 roof. An individual, or two (2) or more persons related by blood, marriage, guardianship, adoption; or a group of not more than four (4) persons not so related, living together as a single housekeeping unit using common household, common cooking, and kitchen facilities. SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective upon seven (7) days after its passage and publication. Adopted by the Hastings City Council on this 6th day of December 2021, by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS ____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh City Clerk VIII-05 I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of December 2021, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________ Kelly Murtaugh City Clerk VIII-05