HomeMy WebLinkAbout2023-10-09 City Council Workshop Packet
AGENDA
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
6:15 P.M. Monday, October 09, 2023
City Hall, Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. UNFINISHED BUSINESS
None
E. NEW BUSINESS
1. Sacred Communities and Micro-Unit Dwellings Discussion
F. ADJOURNMENT
RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY
Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected
officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard
and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is
understood that everyone will follow these principles:
Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues
to speak for the group or for citizens in the form of a petition.
Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each
other.
Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others
in public.
Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive.
THIS PAGE IS INTENTIONALLY LEFT BLANK
E1
CITY COUNCIL WORKSHOPSTAFF REPORT
Meeting Date October 9, 2023
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM: Michael Martin, AICP, Assistant Community Development Director
PRESENTER:
Danette Parr, Community Development Director
AGENDA ITEM: Sacred Communities and Micro-Unit Dwellings Discussion
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
During the past legislative session, the Minnesota Legislature adopted a Sacred Communities and
Micro-Unit Dwellings law (Attachment 1) whereby municipalities must allow sacred communities
and micro-unit dwellings that conform to the regulations established in the law.
On October 9, 2023, the City Council will hold a workshop to discuss this item and provide staff
direction on what steps should be taken before the new legislation takes effect on January 1, 2024.
Recommended Action:
No action is requested at this time.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship
Integrated Communication Operational EffectivenessTargeted Redevelopment
The city works to enact regulations to ensure the orderly development of land. The city's authority
granted by the Municipal Planning Act must also recognize certain State or Federal regulations
preempt local regulations.
Background:
On January 1, 2024, cities must allow faith communities to place micro-units on religious property
and contiguous sites to house chronically homeless individuals, extremely low-income individuals,
and volunteers. The micro-units can be constructed up to 400 square feet, built on a chassis, and
anchored to the ground on religious property. The language defines standards for micro-units,
including minimum requirements for access to water and utilities either by individual connections or
access to facilities in a common area or within the principal building of the religious institution.
Workshop Packet Page Number 1 of 7
E1
This discussion aims to determine whether the City Council desires to address the sacred
community accessory use as permitted or conditional within the city's zoning code. To be clear, it is
city staff’s opinion that whether the sacred community accessory use is permitted or conditional, the
law's wording is such that the city has a limited legal basis for imposing conditions not otherwise
provided for in the law. To consider sacred communities and micro-units dwellings as permitted or
conditional accessory uses, minor amendments to the zoning code would be required.
Generally, a conditional use permit allows a use subject to conditions that mitigate negative impacts
specific to each project. In addition, the conditional use process requires a public hearing and
notification of properties within 500 feet of the subject property. Given the limitation of the new law,
staff is concerned this will cause confusion to the general public as no additional conditions can be
applied to sacred communities, nor can the use be denied.
Given that the law limits what conditions could be placed on a sacred community under a
conditional use permit, staff recommends this use be a permitted accessory use. Below are four
items that need to be amended in the city’s zoning code to implement this approach.
1)Amend Sec. 44-6. Definitions to add the following:
a.Sacred Community means a residential settlement established on or contiguous to the
grounds of a religious institution's primary worship location primarily for the purpose of
providing permanent housing for chronically homeless persons, extremely low-income
persons, and designated volunteers that meet the requirements of Minn. Stats. § 327.30.
b.Micro-unit means a mobile residential dwelling, providing permanent housing within a
sacred community that meets the requirements of Minn. Stats. § 327.30.
2)Amend the Principal Use Table in Sec 44-46 as follows:
a.Modify the term religious facilities to religious institutions to match statute terminology.
3)Amend the Accessory Use Table in Sec. 44-47 to include sacred community as a use which
is permitted with standards in all districts (Attachment 2).
4)Amend Division 19 Use Specific Standards, Sec 44-352 Accessory Uses to add the
following standards for sacred community:
a.The sacred community, and any micro-units constructed within it, shall meet the
requirements of Minn. Stats. § 327.30, as may be amended. This shall include the
requirement that any sacred community not located on the grounds of a religious
institution’s primary worship location, shall be located on a contiguous parcel to that
primary worship location.
b.On an annual basis, a certification must be provided which demonstrates that the sacred
community meets the requirements of Minn. Stats. § 327.30, including that the residents
meet the eligibility requirements.
If the City Council would prefer sacred communities be a conditional accessory use, staff would
adjust the proposed code amendment above to reflect conditional instead of permitted. Staff intends
to take the City Council’s direction on code amendments to the Planning Commission’s meeting on
October 17, 2023 for a public hearing and recommendation. This allows time to bring the topic and
code amendments back to the City Council before the end of the year for final adoption.
Attachments:
1.Sacred Communities and Micro Unit Dwellings Legislation
2.Proposed Accessory Use Table
Workshop Packet Page Number 2 of 7
E1, Attachment 1
Minnesota Session Laws 2023, Chapter 53
SACRED COMMUNITIES AND MICRO-UNIT DWELLINGS.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have the meanings given.
(b) Chronically homeless" means an individual who:
(1) is homeless and lives or resides in a place not meant for human habitation, a
safe haven, or in an emergency shelter;
(2) has been homeless and living or residing in a place not meant for human
habitation, a safe haven, or in an emergency shelter continuously for at least one year or on at
least four separate occasions in the last three years; and
(3) has an adult head of household, or a minor head-of-household if no adult is
present in the household, with a diagnosable substance use disorder, serious mental illness,
developmental disability, post-traumatic stress disorder, cognitive impairments resulting
from a brain injury, or chronic physical illness or disability, including the co-occurrence of
two or more of those conditions.
(c) "Designated volunteers" means persons who have not experienced
homelessness and have been approved by the religious institution to live in a sacred
community as their sole form of housing.
(d) "Extremely low income" means an income that is equal to or less than 30
percent ofthe area median income, adjusted for family size, as estimated by the Department
of Housing and Urban Development.
(e) "Micro unit" means a mobile residential dwelling providing permanent housing
within a sacred community that meets the requirements of subdivision 4.
(f) "Religious institution" means a church, synagogue, mosque, or other religious
organization organized under chapter 315.
(g) "Sacred community" means a residential settlement established on or
contiguous to the grounds of a religious institution's primary worship location primarily for
the purpose of providing permanent housing for chronically homeless persons, extremely
low-income persons, and designated volunteers that meets the requirements of subdivision 3.
Subd. 2.
Dwelling in micro units in sacred communities authorized.
Religious institutions are authorized to provide permanent housing to people who
are chronically homeless, extremely low-income, or designated volunteers, in sacred
communities composed of micro units subject to the provisions of this section. Each religious
institution that has sited a sacred community must annually certify to the local unit of
Workshop Packet Page Number 3 of 7
E1, Attachment 1
government that it has complied with the eligibility requirements for residents of a sacred
community in this section.
Subd.3.
Sacred community requirements.
(a)A sacred community must provide residents of micro units access to water and
electric utilities either by connecting the micro units to the utilities that are serving the
principal building on the lot or by other comparable means, or by providing the residents
access to permanent common kitchen facilities and common facilities for toilet, bathing, and
laundry with the number and type of fixtures required for an R-2 boarding house under
Minnesota Rules, part 1305.2902. Any units that are plumbed shall not be included in
determining the minimum number of fixtures required for the common facilities.
(b)A sacred community under this section must:
(1)be appropriately insured;
(2)have between one-third and 40 percent of the micro units occupied by
designated volunteers; and
(3)provide the municipality with a written plan approved by the religious
institution's governing board that outlines:
(i)disposal of water and sewage from micro units if not plumbed;
(ii)septic tank drainage if plumbed units are not hooked up to the primary worship
location's system;
(iii)adequate parking, lighting, and access to units by emergency vehicles;
(iv)protocols for security and addressing conduct within the settlement; and
(v)safety protocols for severe weather.
(c)Unless the municipality has designated sacred communities meeting the
requirements of this section as permitted uses, a sacred community meeting the requirements
of this section shall be approved and regulated as a conditional use without the application of
additional standards not included in this section. When approved, additional permitting is not
required for individual micro units.
(d)Sacred communities are subject to the laws governing landlords and tenants
under chapter 504B.
Subd. 4.
Micro unit requirements.
(a)In order to be eligible to be placed within a sacred community, a micro unit
must be built to the requirements of the American National Standards Institute (ANSI) Code
119.5, which includes standards for heating, electrical systems, and fire and life safety. A
micro unit must also meet the following technical requirements:
(1)be no more than 400 gross square feet;
Workshop Packet Page Number 4 of 7
E1, Attachment 1
(2)be built on a permanent chassis and anchored to pin foundations with
engineered fasteners;
(3)have exterior materials that are compatible in composition, appearance, and
durability to the exterior materials used in standard residential construction;
(4)have a minimum insulation rating of R-20 in walls, R-30 in floors, and R-38 in
ceilings, as well as residential grade insulated doors and windows;
(5)have a dry, compostable, or plumbed toilet or other system meeting the
requirements of the Minnesota Pollution Control Agency, Chapters 7035, 7040, 7049, and
7080, or other applicable rules;
(6)have either an electrical system that meets NFPA 70 NEC, section 551 or 552
as applicable or a low voltage electrical system that meets ANSI/RVIA Low Voltage
Standard, current edition;
(7)have minimum wall framing with two inch by four inch wood or metal studs
with framing of 16 inches to 24 inches on center, or the equivalent in structural insulated
panels, with a floor load of 40 pounds per square foot and a roof live load of 42 pounds per
square foot; and
(8)have smoke and carbon monoxide detectors installed.
(b)All micro units, including their anchoring, must be inspected and certified for
compliance with these requirements by a licensed Minnesota professional engineer or
qualified third-party inspector for ANSI compliance accredited pursuant to either the
American Society for Testing and Materials Appendix E541 or ISO/IEC 17020.
(c)Micro units that connect to utilities such as water, sewer, gas, or electric, must
obtain any permits or inspections required by the municipality or utility company for that
connection.
(d)Micro units must comply with municipal setback requirements established by
ordinance for manufactured homes. If a municipality does not have such an ordinance, micro
units must be set back on all sides by at least ten feet.
EFFECTIVE DATE.
This section is effective January 1, 2024.
Workshop Packet Page Number 5 of 7
E1, Attachment 2
Workshop Packet Page Number 6 of 7
E1, Attachment 2
Workshop Packet Page Number 7 of 7
For the permanent record:
Meeting Date: 10/09/2023
Agenda Item E1, Additional Attachment
w
a
L
g
n
i
l
l
e
w
D
t
i
n
U
-
o
r
c
i
M
/
s
e
i
t
i
n
u
m
m
o
C
d
e
r
c
a
S On January 1, 2024 the Sacred Communities/Micro-Unit Dwelling law will go into effect, which authorizes a religious institution to provide permanent housing to people who are chronically
homeless, extremely low-income, or a designated volunteer on the religious institutions site and also contiguous sites.The micro units can be constructed up to 400 sqft, built on a
chassis, and anchored to the ground of religious property or an adjacent site.
For the permanent record:
Meeting Date: 10/09/2023
Agenda Item E1, Additional Attachment
s
g
n
i
l
l
e
w
D
t
i
n
U
-
o
r
c
i
M
/
s
e
i
t
i
n
u
m
m
o
C
d
e
r
c
Is homeless and lives or resides in a place not meant for human habitation, a safe haven, or an emergency shelter;Has been homeless continuously for at least one year or on at least
four separate occasions in the last three years; andHas an adult head of household, or a minor head-of-household if no adult is present in the household, with a diagnosable substance
use disorder, serious mental illness, developmental disability, post-traumatic stress disorder, cognitive impairments resulting from a brain injury, or chronic physical illness or disability,
including the co-occurrence of two or more of those conditions.Means persons who have not experienced homelessness and have been approved by the religious institution to live in a sacred
community as their sole form of housingAn income that is equal to or less than 30 percent of the area median income, adjusted for family size, as estimated by Deptof Housing and Urban
Development.
a
¤¤¤¤¤
S
Chronically homeless: Designated Volunteer:Extremely Low Income:
Definitions:¤¤¤
For the permanent record:
Meeting Date: 10/09/2023
Agenda Item E1, Additional Attachment
s
g
n
i
l
l
e
w
D
t
i
n
U
-
o
r
c
i
M
/
s
e
i
t
i
n
u
m
m
o
C
d
e
r
c
a
S
Must provide residents access to water and electric utilities either by connecting the micro-units to the utilities that are serving the principal building on the lot or by other comparable
means, or by providing the residents access to permanent common kitchen facilities and common facilities for toilets, bathing, and laundry with the number and type of fixtures required
for a R-2 boarding house;
Requirements:¤
For the permanent record:
Meeting Date: 10/09/2023
Agenda Item E1, Additional Attachment
s
g
n
i
l
l
e
w
D
t
i
n
U
-
o
r
c
i
M
/
s
e
i
t
i
n
u
m
m
o
C
d
Disposal of water and sewage from the micro units if not plumed;Septic tank drainage if plumbed and not hooked up to primary system;Adequate parking, lighting and access to units by
emergency vehicles;Protocols for security and addressing conduct within the settlement; andSafety protocols for severe weather.
e
¤¤¤¤¤
r
Must be appropriately insured;Must have between one-third and 40 percent of the micro-units occupied by designated volunteers;Must provide the municipality with a written plan approved
by the religious institutionÔs governing body that outlines:
c
¤¤¤
a
S
For the permanent record:
Meeting Date: 10/09/2023
Agenda Item E1, Additional Attachment
s
g
n
i
l
l
e
w
D
t
i
n
U
-
o
r
c
i
M
/
s
e
i
t
i
n
u
m
m
o
C
d
e
r
Unless the municipality has designated sacred communities meeting the requirements of this section as permitted uses, a sacred community meeting the requirements of this section shall
be approved and regulated as a conditional use without the application of additional standards not included in this section. When approved, additional permitting is not required for
individual micro-units;Sacred communities are subject to the laws governing landlords and tenants
c
¤¤
a
S
For the permanent record:
Meeting Date: 10/09/2023
Agenda Item E1, Additional Attachment
Dwellings
Unit
would intend to include these units as a
Communities/Micro
thresholds impacted from this new use?
ItÔs noteworthy that additional requirements cannot be added above what is stipulated in the law. Since the religious institution typically has a CUP, we would intend to require the
CUP be revised to include this new interior/exterior use.Since each unit is likely to be rented, we part of our rental inspection program. Will the Met Council waive SAC and WAC fees
for these units?Sprinkling requirements for churches when The Legislature may revise to add clarity.
¤¤¤¤¤¤
Do we want to treat these uses as accessory to a permitted use or do we want to only allow them conditionally? Additional Questions
Sacred
¤¤
For the permanent record:
Meeting Date: 10/09/2023
Agenda Item E1, Additional Attachment
s
p
e
t
S
t
x
e
Staff intends to take the City CouncilÔs direction on code amendments to this use to the Planning CommissionÔs meeting on October 17, 2023 for a public hearing and Planning Commission
recommendations. We intend to bring our code amendment recommendations back to the City Council before the end of 2023 for final adoption and in advance of the January 1, 2024 enactment
of the Sacred Communities and Micro-Unit Dwelling law.
N
¤¤