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Home My WebLink AboutIX-02 and X-C-01 Public Hearing and 2nd Reading Adopt Ordinance Amend City Code - Definition of Family City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: December 6, 2021 Item: Public Hearing\2nd Reading\Adopt Ordinance: City Code Amendment – Zoning - Definition of Family Council Action Requested: Hold a public hearing and consider 2nd Reading and adoption of the attached amendment to Hastings City Code Chapters 150.02 pertaining to the definition of “family”. The City Council considered 1st Reading and ordered the public hearing at the November 15, 2021 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: • Ordinance Amendment • Planning Commission Minutes - November 8, 2021 • Planning Commission Report - November 8, 2021 IX-02 and X-C-01 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 IX-02 and X-C-01 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 IX-02 and X-C-01 PLANNING COMMISSION MINUTES - November 8, 2021 City of Hastings - City Code Amendment #2021-42 - Definition of Family Director Hinzman provided a summary of the staff report and request. Chair Messina opened the public hearing. Bryce LeBrun, 735 6th Street W shared concerns about the effect of the ordinance change on the affordability of housing units and that the regulation on the number of people within a home should be based on building or fire codes instead of family. Chair Messina closed the public hearing. Chair Messina noted not all Commissioners received the staff memo. Commissioners discussed the potential tabling of the item until the next meeting due to Commissioner limited review of the item. Chair Messina made a motion to table the item until the next meeting and withdrew the motion. Commissioner Teiken asked what problem was staff seeking to solve with the amendment. Director Hinzman stated the amendment is requested to limit the number of residents within a home above what would normally be expected; the impacts of large numbers of people in a home can have on the number of vehicles and impact to the neighborhood. Commissioner Teiken asked if there are ordinances regulating the number of cars per household. Director Hinzman stated rules exist, but are based on the number units, not the number of bedrooms. Planner Fortney provided a history of past consideration by the Planning Commission. Staff receives call from residents living next to homes with large numbers of people living in them in particular vehicle parking, police activity. Most calls originate in the older part of town where duplexes are legal which would allow even further impacts. A number of total maximum individuals is needed. Commissioner Peters asked how children are counted and would not want to see any unintended questions consequences from the changes relating to children. Commissioner Matzke added that children would likely be related to the adults in the home. Director Hinzman concurred. Chair Messina clarified the rational for the code amendment. Commissioner Romens does unrelated mean completely unrelated from IX-02 and X-C-01 everyone in the group; how would it be enforced. Director Hinzman concurred and further stated it was not staff’s intent to proactively enforce the number of people in a home, but the ordinance would be used in instances where there may be evidence of increased activity and people within a home. Commissioner Teiken stated he understands the intent of the ordinance, but struggles with the language. Not very scientific, and how do we enforce. Commissioner Matzke asked if we currently have ordinances that regulate duplexes. Director Hinzman stated the zoning code regulates where duplexes and townhomes can be placed. We do not regulate how many people can go live within a specific unit. Commissioner Romens could you regulate the number of rentals in a home. Director Hinzman stated we can regulate land use, but not the ownership status. Commissioner Halberg asked how foster care and sober houses are regulated. Director Hinzman stated foster homes and adoption number of children would not have an effect. Sober houses would have a limitation. Chair Messina stated he understands the need for the ordinance and that it is consistent with many other communities. Commissioner Peters questioned whether the definition of family proposed is not inclusive enough. Chair Messina motioned to recommend approval of the ordinance amendment as presented. Seconded by Commissioner King. Vote: Ayes 3 (Messina, King, and Matzke; Nays: 4 (Peters, Romens, Halberg, and Teiken. Motion to approve fails. Recommendation will be brought forward to the City Council November 15, 2021 for first reading and to schedule a public hearing. IX-02 and X-C-01 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 IX-02 and X-C-01 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 IX-02 and X-C-01 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 IX-02 and X-C-01