Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09/18/2019
••• •••• ••••• •••• Apple II Valley Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 September 18, 2019 PLANNING COMMISSION TENTATIVE AGENDA 7:00 PM 1. Call to Order 2. Approve Agenda 3. Approve Consent Agenda Items Consent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a commissioner or citizen requests to have any item separately considered. It will then be moved to the land use/action items for consideration. A. Approve Minutes of September 4, 2019, Regular Meeting B. Continue Public Hearing for Pennock Place Conditional Use Permit, Setback Variances, and Site Plan Review 4. Public Hearings 5. Land Use / Action Items 6. Other Business A. Sketch Plan Review of Proposed Ordinance to Expand Provision for Accessory Dwelling Units to All Residential Zoning Districts (PC 19 - XXX -X) Location: City-wide Petitioner: Gregg Rudolph, 4777 - 137th St. W. B. Discussion of the Status of the Draft 2040 Comprehensive Plan Update C. Review of Upcoming Schedule and Other Updates Next Planning Commission Meeting - Wednesday, October 2, 2019 - 7:00 p.m. Next City Council Meeting - Thursday, September 26, 2019 - 7:00 p.m. 7. Adjourn Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the City's website at www.cityofapplevalley.org App Valley ITEM: 3.A. PLANNING COMMISSION MEETING DATE: September 18, 2019 SECTION: Consent Agenda Description: Approve Minutes of September 4, 2019, Regular Meeting Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: Approve minutes of regular meeting of September 4, 2019. SUMMARY: The minutes of the last regular Planning Commission meeting are attached for your review and approval. BACKGROUND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. BUDGET IMPACT: N/A ATTACHMENTS: Minutes CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES SEPTEMBER 4, 2019 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Jodi Kurtz, Paul Scanlan and David Schindler. Members Absent: Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner/Economic Development Specialist Alex Sharpe and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the agenda. Ayes - 7 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the minutes of the meeting of August 7, 2019. Ayes - 7 - Nays - 0. 4. PUBLIC HEARINGS A. Amendments to Sections 155.075 and 155.076 of Chapter 155 of the City Code Regulating Uses in the Multiple -Family Residential Zoning Districts — PC19-14-Z Chair Melander opened the public hearing at 7:01 p.m. Planner Tom Lovelace stated for consideration are two proposed zoning amendments to Sections 155.075 (Purpose) and 155.076 (Permitted Uses) to allow townhouse dwelling units as a permitted use in the "M-7" (Multi -Family Residential/12-20 units per acre) zoning district. The zoning ordinance currently allows apartment dwellings only in the "M-7" zoning district. The proposed amendments would allow townhomes to be constructed at a density of greater than 12 units per acre. The area requirements, height regulations, building coverage and setback requirements for the "M- 7" zoning district will not change with these amendments. Any townhome development in the CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 4, 2019 Page 2 of 6 zoning district will be required to meet all minimum area and setback requirements, and will not be allowed to exceed the maximum height and building coverage requirements. Mr. Lovelace reviewed the acres in the city currently zoned "M-7". He said these proposed amendments are being proposed for a couple of reasons. The first is that it allows for an additional housing type in the zoning district. The second reason is to allow the Pulte Group, Inc. to construct the first phase of their Shores townhome development. This proposed development is generally located north of 157th Street West and east of Johnny Cake Ridge Road. The developer has proposed the construction of 101 townhomes on approximately 9.86 acres for a density of just over 10 units per acre. The property is currently guided a mix of "LD" (Low Density Residential/2-6 units per acre) and "HD" (High Density Residential/12+ units per acre) and is zoned "SG" (Sand and Gravel). The developer submitted an application requesting that the property be re -designated "MD" (Medium Density Residential/6-12 units per acre), rezoning from "SG" to "M -6C" (Medium Density Residential/6-12 units per acre), subdivision, conditional use permit for exterior finish materials and site plan/building permit authorization. On January 16, 2019, the Planning Commission reviewed the proposed development and recommended approval of the five items. The City Council authorized the submittal of Comprehensive Plan amendments to the Metropolitan Council at their February 14, 2019, meeting. Staff submitted the amendment request to the Metropolitan Council on February 19, 2019, who subsequently sent a letter back to the City informing that any amendments submitted after December 31, 2018, would not be considered until the City's 2040 Comprehensive Plan Update has been approved. The City continues to work with the Metropolitan Council issues with the Plan and in the meantime Pulte has not been able to begin their development project. A revised development plan has been submitted that shows the development of 45 townhomes on 3.7 acres which will have a density of 12+ units per acre making it compatible to the current "HD" Comprehensive Plan designation. Construction of the townhomes cannot commence without the proposed zoning code amendments because the zoning ordinance does not currently allow townhomes in the "M-7" zoning district and rezoning the property, as requested, to "M-6" would not be compatible to the existing "HD" designation. Chair Melander commented that allows them to get started with their project and we can catch up with anything afterwards. Mr. Lovelace said yes and added that back in January 2019 the Commission did recommend approval of all of the requests related to The Shores project: the comp plan designation, the rezoning of the property, the preliminary plat, a conditional use permit and site plan/building permit authorization. The only thing that would be modified would be the preliminary plat would be slightly scaled down. There would not be the need for the re -designation and the zoning would change slightly. It does not require the item to come back to the Planning Commission to review all those items. It is just a massaging of what was requested and recommended by the Planning Commission. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 4, 2019 Page 3 of 6 Commissioner Alwin commented since this would affect the other M-7 districts in the city, he asked if Mr. Lovelace could foresee any unattended consequences. Mr. Lovelace replied he did not think so because unless there was vacant land that would be created for M-7 there may be an opportunity to do high density townhomes or apartment buildings but currently all of the land that we have that is designated M-7 is occupied with dwelling units and has already been built out. Chair Melander closed the public hearing at 7:09 p.m. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending the approval of an amendment to Section 155.075 (G) to read as follows: The M-7 districts are intended for those areas, which are designated for "high density" in the comprehensive guide plan, where a high density of townhouse and apartment dwelling units is expected. Property within these districts is characterized by relatively level topography, relative absence of significant mature vegetation and close proximity to arterial or community collector roads. Ayes -7 -Nays -0. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending the approval of an amendment to Section 155.076 (B) to read as follows: Townhouse dwellings, M-1, M-2, M-3, M 4, M-5, M-6 and M-7 only, provided they are serviced by public sanitary sewer and water systems and provided that no single structure contains in excess of six dwelling units in M-1 and M-2 zones or 12 dwelling units in M-3, M-4, M-5, M-6 or M-7 zones. Ayes -7 -Nays -0. B. Pennock Center — PC19-13-CVB Chair Melander opened the public hearing at 7:11 p.m. Planner/Economic Development Specialist Alex Sharpe stated Java Capital Partners, LLC, property owner, has applied for a Conditional Use Permit (CUP) for a drive-through in association with a Class III restaurant at 7668 150th street west. The site is known as Pennock Place and is located in the southeast corner of CSAH 42/150th street and Pennock Lane. In 2016 a CUP for a drive through with a Class III restaurant was granted. A condition of approval required that the permit begin use within one year from the date of approval. At that time the owner did not proceed with the approved site plan and use and thus the CUP has lapsed. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 4, 2019 Page 4 of 6 The current application is for a 6,100 sq. ft. three tenant building with a drive-through for a coffee user. The other two tenants have yet to be identified. The applicant has provided information that one will be a nail salon, and the other a quick service restaurant. The current building would be demolished, and most of the existing pavement would be removed for construction of the new building. Staff has been working with the applicant for several months on site plan configurations. Several challenges impact the site, including a drainage and utility easement on the west side, an irregular lot shape, and small lot size. Due to these impacts redevelopment of the site is challenging and has taken several iterations of site plans. The current plan still has some substantial issues to address. The site is guided "C" (Commercial) and is zoned "RB" (Retail Business). A Class III Neighborhood Restaurant is consistent with the comprehensive guiding and the retail business zoning. He reviewed the site plan, required parking spaces, parking setback variances, grading plan, building elevations, landscape plans and utilities plans. Commissioner Alwin, referring to the site plan where it states "no parking" where the front door is, asked if that was to be a drive -lane. Mr. Sharpe answered it is the loading zone for the handicapped spaces. Commissioner Alwin asked if people would pull into this parking area are they expected to back out. Mr. Sharpe said if people pulled into those spaces because all spots were taken, they do not have a good way to turnaround. This has been noted by the staff. Commissioner Alwin said he had concerns if a person in a wheelchair was trying to get out of a car and another driver had to back out into an active drive -lane, the lack of flow could present problems with the one-way in. Commissioner Kurtz commented with 37 parking spots and a nail spa, where do all the employees park. Mr. Sharpe said parking is not based upon the number of employees but based upon the square footage of the unit. They need one parking space per 150 sq. ft. of floor area and that is where the 14 stalls come from. Commissioner Kurtz referred to Starbucks and asked if staff is concerned with back up into traffic. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 4, 2019 Page 5 of 6 Mr. Sharpe replied that this is a very long lane for a drive-through and there are more than the 6 required stacking spaces or even 9 for a coffee shop. There is quite a distance before the shared access drive and then it would take quite a bit more to get the stacking out to the city street. He said it would be a private drive issue before it would ever become a city drive issue and he did not anticipate there would be many with that long of a drive-through. Mark Krogh, Java Properties, commented they can work with comments from the City Engineer and City staff. They could have one-way traffic. Commissioner Diekmann referred to the previous building that was approved with 5200 sq. ft. and this building is 6100 sq. ft. and asked if the other building just did not work. Mr. Krogh said it did not work primarily for the site lines. They got the biggest push back from their tenants and they corrected that with the new site layout which is a little bigger. Commissioner Diekmann asked if this project would work if there was a drive-through on the loop around the building. Mr. Krogh said it would. Chair Melander asked if they would be willing to tweak the plans and work with staff. Mr. Krogh replied yes and that they would be willing to work with staff. Chair Melander commented that Mr. Krogh has tried before on this site and a couple of awkward things happen like backing out when somebody else is pulling forward during parking. Some owners allow customers to park all day long. He encouraged Mr. Krogh to work with staff on this. Mr. Krogh said he would and will have new plans for the next meeting. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, extending the public hearing to the next meeting. Ayes - 7 - Nays - 0. 5. LAND USE/ACTION ITEMS -NONE- 6. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, September 18, 2019, at 7:00 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 4, 2019 Page 6 of 6 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin to adjourn the meeting at 7:39 p.m. Ayes - 7 - Nays - 0. Respectfully Submitted, /s/ Joan Murphy Joan Murphy, Planning Department Assistant Approved by the Apple Valley Planning Commission on Tom Melander, Chair ... .... ..... Apple., Valley ITEM: 3.B. PLANNING COMMISSION MEETING DATE: September 18, 2019 SECTION: Consent Agenda Description: Continue Public Hearing for Pennock Place Conditional Use Permit, Setback Variances, and Site Plan Review Staff Contact: Alex Sharpe, Planner and Economic Development Spec. Department/ Division: Community Development Department Applicant: Java Capital Partners, LLC Project Number: PC19-13-CVB Applicant Date: 7/26/2019 60 Days: 9/24/2019 120 Days: 11/23/2019 ACTION REQUESTED: The Planning Commission is asked to continue the public hearing to October 2, 2019. SUMMARY: The applicant and staff have worked together to develop an improved site plan. Additional time is required to generate landscape, civil, and grading plans for the site. BACKGROUND: N/A BUDGET IMPACT: N/A ... :•• ...• App Valley ITEM: 6.A. PLANNING COMMISSION MEETING DATE: September 18, 2019 SECTION: Other Business Description: Sketch Plan Review of Proposed Ordinance to Expand Provision forAccessory Dwelling Units to All Residential Zoning Districts (PC19-XXX-X) Staff Contact: Kathy Bodmer, Al CP, Planner Department/ Division: Community Development Department Applicant: Gregg Rudolph Project Number: PCXX-XXX-XX Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: • No official action is required. A resident requested that the City look at its requirements concerning Accessory Dwelling Units (ADUs). He would like to discuss amending the ordinance to allow ADUs in more of the single family zoning districts in the City. • It is recommended that the Planning Commission not state specifically whether or not they would approve or deny the request, but rather, identify the specific zoning questions or issues they might have with the proposed project. SUMMARY: A resident submitted a sketch plan to discuss extending the accessory dwelling unit (ADU) provisions found in Sect. 155.382 to the R-3 (Single family residential, 11,000 sq. ft. min. lot) zoning district. An accessory dwelling unit is a separate living unit created on a single family property, either within, attached or detached from the primary structure. Other names for these units include mother-in-law apartments or granny flats. An accessory dwelling is a second, but clearly accessory, living unit. The purpose of the ADU is not to split a single family home to create a duplex or two-family home, but is to create a smaller, supplemental separate living unit where the property owner remains on the property, living in either the primary dwelling or the ADU. In the case of this resident, he is not able to construct an ADU in his home because his property is zoned "R-3" (Single family residential, 11,000 sq. ft. minimum lot). In Apple Valley, ADUs are only allowed in Planned Development 703 (PD -703) Cobblestone Lake or "R-1" (Single family residential, 40,000 sq. ft. minimum lot) zoning districts. Currently, ADUs are only permitted in two zoning districts in the City: first, in Planned Development Zone 703, Cobblestone Lake, accessory dwelling units may be constructed and operated as a permitted accessory use. The ADU may be within, attached or detached to the primary home. One detached accessory dwelling was constructed above a detached garage that served as a sales office for the Cobblestone Lake area. The building has since been converted back to a garage with an upper level living space. Because ADUs are permitted by right in the zoning district, there may be other ADUs in Cobblestone Lake that have been constructed that required no additional permitting or review. Second, in the R-1 (Single family residential, 40,000 sq. ft. minimum lot) zoning district, property owners may apply for a conditional use permit (CUP) to construct and operate an accessory dwelling unit either within or attached to the primary dwelling unit; a number of conditions must be met in order to obtain the CUP. Stand-alone detached accessory dwelling units are currently not permitted in the R-1 zone. A number of other conditions must be met in order to obtain a CUP for an ADU. Since the ordinance was adopted in 2003, two conditional use permits have been issued for ADUs in connection with large home expansions. In the two cases noted above, ADUs were proposed to be occupied by family members and were constructed in connection with major home renovation projects. BACKGROUND: Interested Resident: Gregg Rudolph, 4777 - 137th Street W., would like to make modifications to the lower level of his home to create a separate living area. In his attached letter, he explains that he lives in a large house and would like to remodel his home to create a separate dwelling unit for family members or others in his lower level. He reviewed the provision of the ADU ordinance currently required in the R-1 district by CUP and would like to have the ordinance expanded to residents in the R-3 zoning districts too. He says that he will meet the performance standards required of R-1 properties, except for the minimum lot size requirement of 40,000 sq. ft. Additional Resident Queries: While reviewing the request to expand the provisions of the ADU ordinance into the R-3 zones by Mr. Rudolph, a few other residents called with similar interests. But they shared additional issues: • What about other residential zoning districts? Should the ADU ordinance allow ADUs in R-2 zones (Single family residential, 18,000 sf minimum) or PD (Planned Development) zones? If ADUs are allowed in R-1, should it be available to all single family zoning districts in the City? • What about detached ADUs in cases where the resident has a large lot? One resident is interested in constructing a detached ADU on a property that is over 1.5 acres. Current Conditions of Approval of ADU CUP in R-1 Zone : Currently, the ADU ordinance in the R-1 zoning district has the following performance standards: 1. Minimum lot size 40,000 sq. ft. 2. Owner must reside in either the primary structure or the ADU a minimum of 180 consecutive days during the year. 3. A lot with an ADU may not be subdivided or condominiumized. 4. Size of the ADU may not exceed 40% of the footprint of the primary structure or no less than 300 sq. ft. 5. The lot must be able to meet the impervious coverage requirements of Sect.155.350. 6. The ADU must be designed to be compatible in shape and overall design with the primary structure. 7. An ADU may be located within the existing structure or attached to the existing structure. No detached ADUs are permitted. 8. May convert garage space to ADU space only when room available for 2 -car garage remains on the lot. 9. Maximum size of ADU 2 bedrooms and 3 people. 10. ADU must have a minimum of two off-street parking spaces available. No more than 4 vehicles may be parked outside a home with an ADU. 11. Maximum three ADUs within a 1/2 mile radius. 12. Home occupation allowed in either the primary residence or the ADU, but not both. 13. The entrance to the ADU must not be obtrusive to the front entrance to the home. 14. An ADU will only be allowed when demonstrated that such unit will not negatively impact the existing neighborhood. 15. An additional garage is permitted if only one garage is visible from the street. Scope of the Ordinance Enacted in 2003: When the ADU regulations were first discussed in 2003, the City Council preferred to enact the ordinance on a limited scale before adopting it city-wide. The City has received no complaints and has had no issues related to the three ADUs that are officially permitted in the City. Today, approximately 165 parcels are zoned R-1 and are eligible to apply for a CUP for an ADU. Expanding the ADUs to the R-3 zoning district would allow the majority of the City residents to make a request for a CUP for an ADU. If the ordinance is amended to allow ADUs in the R-3 zone, the City should also explore expanding the ordinance to allow ADUs in other "R" zones and single family PD zones. BUDGET IMPACT: N/A ATTACHMENTS: Applicant center Location Map Ordinance Background Material Gregg Rudolph 4777137th Street West Apple Valley, Minnesota 55124 (952) 423-2285 Gregg.Rudolph@iCloud.com September 5, 2019 [REVISION] Kathy Bodmer Planning Department City of Apple Valley 7100 147th Street West Apple Valley, MN 55124 Re: Request for a Permit to Modify our Zone R-3 Apple Valley Private Residence to Include an Accessory Unit Dwelling (AUD) According to R-1 AUD Rules Hello Kathy, As I suggested in my letters of June 28 and August 1, 2019, my wife and I would like to convert the lower level of our private residence, where we've resided since 1995 and raised our three children, to what the city defines as an Accessory Unit Dwelling (AUD). We're motivated to do this to provide a more private living space for family members or others by adding a kitchenette, adding a door between the main and lower levels and adding outside entry door that permits easier entry and exit. We also plan to re -model the lower level outside patio to make it more usable and, add a small driveway addition on the cull de sac side of our corner lot property to allow easier access to the lower level. Our design plan that accompanies this letter includes the basic interior modifications and a design for the modifications to the landscape we have planned. The external structure of our house will remain as it is and the external landscaping will add depth and value to what we regard as an already handsome lot. The new AUD space currently has two bedrooms, a full bath and a full family room, all fully finished. We plan to put the kitchenette in the 12'x12' center space that we currently use as an office. If approved in concept, we expect to complete full architectural drawings of the remodeling plan. We have reviewed the Zone R-1 AUD Rules and view our request as fully consistent with those Rules. We would appreciate the opportunity to discuss our plan with the staff of the City's Planning Department at a mutually convenient time. We'll be happy to answer any questions or address and issues as the City may advise. Thank you for your time and attention. Sincerely, 4A-4444 Gregg Rudolph Attachments: • Lower level plan • Kitchenette plan • Driveway and landscape plan Basic Lower Level Floor Plan Improvements Remodeled Outdoor Patio Area Office: To Be Converted to a Kitchen Living & Dining Room Closet Stairs to Upper Level Hallway Master Bedroom Mechanical Room Storage Closet Vanity Area Full Bathroom Closet Bedroom 1 Current Lower Level • 1,589 square feet in lower level • Basement fully finished today • 2,763 square feet upper two levels • Total home square footage is 4,352 Planned Improvements • Install kitchen cabinets • Install kitchen sink and plumbing • Install stove, refrigerator and dishwasher • Install washer and dryer in mechanical room • Add sidelight entrance door on Northeast wall • Install door to stairwell for separation • Remodel patio area • Add car pad on east side of house Kitchen Improvement Plan Overview New Counters and Cabinets Double Sink Under -Counter Dishwasher Electric Stove Side -By -Side Refrigerator Walk-in Pantry * = Existing Trees = Existing Shrubs = New Large Shrubs Driveway & Landscape Plan Existing Driveway 137th Street West 137th Street Court • y �f ■ w 114/ 1.1.6 U.3 r 12 431 6664 AV U1`fl HALL WIDWOHIlyams nurfiitilinwringtime ALB ler ■ 11 0 IZI x Mf+w cittsm SP MN MU1 11I N*. N E. rw.=•w• a r.r a L.4..44.0.0 • t i40j 4.4 f /1a $Q.}ffcn UTU 1002 . of /144 UR Eg Coivs__Co. WORTH V � r4, G510_ , `� 6; New driveway pad • Off cul' de sac • Decorative shrubs l a ts.5 I N 14-4 a • l .1:- t g 'J 1 stop. . 0 .7 ..0.ala - - 1 C7 # tip: ,araC °G -2,-.C) - ,t O $• C Z01 A. • ei .. t 9„7-$1 f Y_3- 0 o .� G7S j 1 !f 4 ,` t to I 0- 01 41°2.c` 00 l eeri ngs Sbown t,r2 Assumed Denotes Iron Monument Denotes t Foundation Corner Hub Denotes Existing Elevation Denotes Proposed Elevation Denotes Direction of Surface Drainage Denotes Drainage and Utility Etsen't 30 J of 15. 00 e° HS9940'40-Et - 4'77 7 PROPOSED ELEVATIONS Top of Block Last Floor Garage Floor II* EMMER����, 1111“/* 1 1 11#" Farquar Lake o 132ND STW Vk ? a 7� ;1•01%aA 4 VAC UP/\ •fI 1�- - pOM�\ � �W _. itip, tPmum o -lx 11 Itt 1 - . . . . r r 4 k vir.ww.,.„ 4 k bo liri,‘ ESR t � ♦141.•■ ®,73jAtm!otoGti�, � 1lialifreA:1,1 ® to 001114trilir 'EssE• ',��'' �jr9 �� EL 7 \ l I • UBL�N RD DULUTH cr4 i 1 -1 Y- • SA, $"t- 04:4' 4016 R40 7141,1vii&tdat-Pv - F1, NI Zoning Code Excerpt Accessory Unit Dwelling (AUD) § 155.052 CONDITIONAL USES. (A) Within any R-1, R-2 and R-3 district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by a conditional use permit: (4) Accessory unit dwelling (AUD) subject to the regulations thereof in the R-1 district only. § 155.382 ACCESSORY UNIT DWELLING. (A) Purpose. The purpose of this section is to permit no more than one accessory unit dwelling (AUD) in a one -family detached dwelling (R-1 district only) by conditional use permit. The R-1 zoning district requires a minimum lot size of 40,000 square feet which ensures that additional housing will have less impact on neighboring properties. Because this conditional use will be located in established one -family residential districts (single family home neighborhoods), the installation and use of accessory unit dwelling must be strictly controlled to avoid adverse physical, social, economic, environmental and aesthetic impacts. By allowing only those accessory unit dwellings that are in compliance with all of the performance standards of this section, the character and quality of existing neighborhoods will be protected. (B) Definitions. For the purpose of this chapter the following definition shall apply unless the context clearly indicates or requires a different meaning. ACCESSORY UNIT DWELLING ("AUD"). A subordinate habitable unit dwelling added to or created within a one -family detached dwelling (hereinafter PRIMARY RESIDENCE) that provides the basic requirements of shelter, heating, cooking and sanitation. (C) Conditional use permit required. No property within a one -family residential district shall have more than one unit dwelling, unless a conditional use permit is first obtained from the city for an AUD. (D) Performance standards. In addition to the provisions governing conditional use permits elsewhere in this chapter, any AUD permitted by a conditional use permit hereunder shall meet the following requirements: (1) The primary residence must be located within an R-1 zoning district and have a minimum lot size of 40,000 square feet. (2) A property owner, which shall include title holders and contract purchasers, must reside in either the primary residence or the AUD as their permanent residence. The property owner may be absent from the property for a period not to exceed 180 consecutive days, but must reside in the home not less than 180 consecutive days per calendar year, and during which period the subject property continues to be the applicant's legal and principal residence. (3) An AUD may not be subdivided or otherwise segregated in ownership from the primary residence structure. (4) An AUD's total floor area shall be no more than 40% of the primary residence's footprint and an AUD shall not be less than 300 square feet. The City Council may approve a larger floor area where the petitioner can demonstrate that the additional size is clearly subordinate to the principal dwelling, the exterior changes to the house do not substantially alter its single family character and the resulting total floor area and size of the house is consistent with the size of the homes in the immediate neighborhood. (5) The lot area coverage from the primary residence, an AUD and all other impervious surface shall not exceed 35% of the lot or parcel area. (6) An AUD shall be designed and maintained as to be consistent with the architectural design, style, appearance and character of the primary residence as a single- family residence. If an AUD extends beyond the current footprint or existing height of the main building, such an addition must be consistent with the existing facade, roof pitch, siding and windows. (7) An AUD shall be located within or attached to the primary residence and shall not be permitted in structures detached from the primary residence, including, but not limited to, accessory buildings, detached garages, or workshops. (8) An AUD may be created by the conversion of living space within the primary residence, but not by conversion of garage space unless, thereafter, space is available for a two -car garage on the lot without the need for a variance and the converted AUD complies with all state and city regulations and codes. (9) The total number of occupants in the AUD may not exceed three persons. The AUD shall contain no more than two bedrooms. (10) Two off-street parking spaces shall be required for the AUD, in addition to the two off- street parking spaces required for the primary residence. In no case shall more than four motor vehicles be parked outside of the primary residence. (11) A home with an approved AUD shall not be eligible to obtain a permit to park additional vehicles outside of the residence in conjunction with § 155.373(B)(1)(c). (12) No more than one AUD shall be permitted on a lot or parcel. (13) An AUD shall not be permitted if three AUDs exist, as permitted under this section, within a radius of 2.640 feet (one-half mile) of the proposed AUD. (14) Home occupations may be allowed, subject to existing regulations, but shall only be permitted in either the AUD or the primary residence, but not both. (15) The primary entrance to the AUD shall be located in such a manner as to be unobtrusive from the same view of the building which encompasses the entrance to the primary residence. (16) An AUD shall comply with all state laws, City Code requirements, and building, plumbing, electrical, mechanical, and fire code regulations. (17) The primary residence and AUD shall be created and maintained in compliance with the property maintenance regulations set forth in the City Code. (18) The primary residence and AUD shall be connected to municipal sewer and water. (19) In order to encourage the development of housing units for people with disabilities, the city may allow reasonable deviation from the City Code provisions to install features that facilitate accessibility. Such facilities shall be in conformance with the UBC. (20) AUDs shall be permitted only where it is demonstrated that the accessory unit will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the character of the neighborhood. (21) An additional garage may be constructed, provided only one garage is visible from the public street and complies with all state and city laws and regulations. (Ord. 729, passed 6-26-03) § 155.373 PARKING IN RESIDENTIAL DISTRICTS. (B) Parking in all residential districts shall be subject to the following requirements: (4) No person shall cause, undertake, permit or allow the outside parking and storage of vehicles on residentially zoned property unless it complies with the following requirements: (a) A property located in the R-1, R-2, R-3, R-4, R-5, and R -CL zoning districts, or planned development districts where the primary use is single- family residences may have a maximum of four passenger vehicles, in addition to any permitted motorcycles, recreational vehicles or trailers, parked or stored outside the residence for the occupants of that property provided all passenger vehicles are parked or stored on the lot as regulated by the city code. A permitted accessory unit dwelling shall not be entitled to park additional vehicles than are otherwise allowed for the primary dwelling unit. 11111111 1111111 11111111 The AF ADUs A guide to Accessory Dwelling Units and how they expand housing options for people of all ages DETACHED ADU BASEMENT ADU ATTACHED ADU SECOND -STORY ADU GARAGE -CONVERSION ADU Real Possibilities eal ossibilities Websites: AARP.org and AARP.org/Livable Email: Livable@AARP.org Facebook: /AARPLivableCommunities Twitter: @AARPLivable Free Newsletter: AARP.org/Livable-Subscribe AARP is the nation's largest nonprofit, nonpartisan organization dedicated to empowering people 50 or older to choose how they live as they age. With nearly 38 million members and offices in every state, the District of Columbia, Puerto Rico and the U.S. Virgin Islands, AARP strengthens communities and advocates for what matters most to families: health security, financial stability and personal fulfillment. The AARP Livable Communities initiative works nationwide to support the efforts by neighborhoods, towns, cities, counties, rural areas and entire states to be livable for people of all ages. Orange Splot LLC Website: OrangeSplot.net Email: eli@OrangeSplot.net Orange Splot LLC is a development, general contracting and consulting company with a mission to pioneer new models of community -oriented, affordable green housing developments. Orange Splot projects have been featured in the New York Times, Sunset Magazine and on NBC's Today show. (The detached ADUs on page 3 and the back cover are by Orange Splot.) Company founder Eli Spevak has managed the financing and construction of more than 250 units of affordable housing, was awarded a Loeb Fellowship by the Harvard University Graduate School of Design, cofounded the website AccessoryDwellings.org and serves as a vice chair of Portland, Oregon's Planning and Sustainability Commission. The ABCs of ADUs A guide to Accessory Dwelling Units and how they expand housing options for people of all ages WRITTEN AND EDITED BY: Eli Spevak, Orange Splot LLC I Melissa Stanton, AARP Livable Communities ART DIRECTOR: Mimi Park, Design Park, Inc. COPY EDITOR: Don Armstrong 1 ART PRODUCTION: Steve Walkowiak PROJECT ADVISERS AND REVIEWERS: Visit AARP.org/ADU to download or order this free guide and find more resources about accessory dwelling units. Danielle Arigoni, Director, AARP Livable Communities Karen Chapple, Professor, University of California, Berkeley Lina Menard, Founder, Niche Consulting Heather Peters, Senior Housing and Community Development Policy Analyst, San Mateo County, California Kol Peterson, Cofounder, AccessoryDwellings.org 1 Caravan: The Tiny House Hotel I ADU Tour: Portland, Oregon Denise Pinkston, Partner, TMG Partners Harriet Tregoning, past Principal Deputy Assistant Secretary, U.S. Housing and Urban Development Jake Wegmann, Assistant Professor, University of Texas at Austin COVER IMAGE CREDITS (clockwise from top left) Front: Communitecture: Architecture, Planning, Design 1 Alex Hayden 1 AccessoryDwellings.org1 AccessoryDwellings.org 1 Melissa Stanton, AARP Back: Kol Peterson, BuildingAnADU.com 1 Eli Spevak, Orange Splot LLC I Schuyler Smith, Polyphon Architecture & Design, LLC A NOTE TO READERS: Many of the photographs and project examples in this publication are from Portland, Oregon, one of the first municipalities in the nation to encourage the creation of accessory dwelling units. Copyright © 2019 by AARP 1 AARP is a registered trademark. 1 All rights reserved. No part of this publication may be reproduced in any form or by any means without the prior written permission of AARP, except brief quotations in connection with reviews written specifically for inclusion in magazines, newspapers or websites, or limited excerpts strictly for personal use. Welcome! Come On In AARP surveys consistently show that the vast majority of people age 50 or over want to remain in their homes and communities as they age rather than relocate We know from surveys by AARP and others that a majority of Americans prefer to live in walkable neighborhoods that offer a mix of housing and transportation options and are close to jobs, schools, shopping, entertainment and parks. These preferences — coupled with the rapid aging of the United States' population overall and decrease in households with children — will continue to boost the demand for smaller homes in more compact neighborhoods. As small houses or apartments that exist on the same property lot as a single-family residence, accessory dwelling units — or — play a major role in serving a national housing need. This traditional home type is reemerging as an affordable and flexible housing option that meets the needs of older adults and young families alike. In fact, in the 2018 AARP Home and Community Preferences Survey, people age 50 -plus who would consider creating an ADU said they'd do so in order to: • provide a home for a loved one in need of care (84%) • provide housing for relatives or friends (83%) • feel safer by having someone living nearby (64%) • have a space for guests (69%) • increase the value of their home (67%) • create a place for a caregiver to stay (60%) • earn extra income from renting to a tenant (53%) Since ADUs make use of the existing infrastructure and housing stock, they're also environmentally friendly and respectful of a neighborhood's pace and style. An increasing number of towns, cities, counties and even states have been adapting their zoning or housing laws to make it easier for homeowners to create ADUs. INTERIOR (LOWER LEVEL) ABOVE GARAGE INTERIOR (UPPER LEVEL) Accessory dwelling units (or ADUs) come in many shapes and styles. ThP ABCs of ADUs is a primer for elected officials, policymakers, local leaders, homeowners, consumers and others to learn what accessory dwelling units are and how and why they are built. The guide also suggests best practices for how towns, cities, counties and states can include ADUs in their mix of housing options. The ABCs of ADUs I AARP 1 ADUs Come in Many Shapes and Styles ADUs are a family -friendly, community -creating type of housing the nation needs more of Although many people have never heard the term, accessory dwelling units have been around for centuries (see page 6) and are identified by many different names. To be clear about what's being discussed: • An ADU is a small residence that shares a single-family lot with a larger, primary dwelling • As an independent living space, an ADU is self-contained, with its own kitchen or kitchenette, bathroom and sleeping area • An ADU can be located within, attached to or detached from the main residence • An ADU can be converted from an existing structure (such as a garage) or built anew • ADUs can be found in cities, in suburbs and in rural areas, yet are often invisible from view because they're positioned behind or are indistinct from the main house • Because ADUs are built on single-family lots as a secondary dwelling, they typically cannot be partitioned off to be sold separately • An ADU can provide rental income to homeowners and an affordable way for renters to live in single-family neighborhoods • An ADU can enable family members to live on the same property while having their own living spaces — or provide housing for a hired caregiver • Unlike tiny houses (see page 17), ADUs are compact but not teeny, so they're a more practical option for individuals, couples and families seeking small, affordable housing • For homeowners looking to downsize, an ADU can be a more appealing option than moving into an apartment or, if older, an age -restricted community • ADUs can help older residents remain in their community and "age in place" Accessory dwelling units show up in neighborhoods throughout the country — and even in pop culture. One example: In the sitcom Happy Days, Fonzie (right) rented an above -garage ADU from the Cunningham family in 1950s -era Milwaukee, Wisconsin. ADUs are also known as ••• Although most local governments, zoning codes and planners in the United States use the term accessory dwelling unit or ADU, these small homes and apartments are known by dozens of other names. The different terms conjure up different images. (Who wouldn't rather live in a "carriage house" than in an accessory or "ancillary" unit?) Even if you've never heard of accessory dwelling units or ADUs, you have likely heard of — and perhaps know the locations of — some of the home types noted at right. A Renting out this 350 -square -foot garage -conversion ADU in Portland, Oregon, helps the property owner, who lives in the lot's primary residence, pay her home mortgage. 2 AARP The ABCs of ADUs • accessory apartment • alley flat • back house • backyard bungalow • basement apartment • carriage house • coach house • garage apartment • granny flat • guest house or cottage • in-law suite • laneway house • mother -daughter house • multigenerational house • ohana unit • secondary dwelling unit • sidekick SNO ThOJ 3A J V321J PHOTO AND LIST FROM ACCESSORYDWELLINGS.ORG Since ADUs can be created in many different shapes and styles, they're able to fit discreetly into all sorts of communities, including suburban subdivisions, row -house streets (either with or without back - alleys), walkable town or urban neighborhoods — and, of course, large lots and rural regions. AI A DETACHED ADU (aka DADU) is a stand-alone home on the same lot as a larger, primary dwelling. Examples include backyard bungalows and converted outbuildings. Location: Portland, Oregon 1 Photo by David Todd An ATTACHED ADU connects to an existing house, typically through the construction of an addition along the home's side or rear. Such units can have a separate or shared entrance. Location: Davidsonville, Maryland 1 Photo by Melissa Stanton, AARP A GARAGE ADU makes use of an attached or detached garage by converting the space into a residence. Other options involve adding a second - story ADU above a garage or building a new structure for both people and cars. Location: Portland, Oregon 1 Photo by Radcliffe Dacanay An INTERNAL ADU is created when a portion of an existing home — an entire floor, part of a floor, or an attic or basement — is partitioned off and renovated to become a separate residence. Access to an UPPER-LEVEL ADU can be provided through a stairway inside the main home or directly from an exterior staircase. This 500 -square -foot ADU sits atop a 1,900 -square -foot primary dwelling. Location: Portland, Oregon 1 Photo by Eli Spevak, Orange Splot LLC A A LOWER -LEVEL ADU is typically created through the conversion of a home's existing basement (provided that height and safety conditions can be met), during construction of the house, or (see page 7) as part of a foundation replacement and house lift. Location: Portland, Oregon 1 Photo byDerin Williams The ABCs of ADUs I AARP 3 ADUs Are Go" f^r People and Places Communities that understand the benefits of ADUs allow homeowners to create them ADUs are an affordable housing option . ADUs can generate rental income to help homeowners cover mortgage payments or simply make ends meet. The income provided by an ADU tenant can be especially important for older people on fixed incomes. • Since the land on which an ADU is built already belongs to the homeowner, the expense to build a secondary residence is for the new structure only. The lot is, in a sense, free. • ADUs are typically owned and managed by homeowners who live on the premises. Such landlords are less likely to raise the rent once a valued tenant has moved in. Many ADUs are created for family members to reside in for free or at a discounted rate. • Although market rate rents for ADUs tend to be slightly more than for similarly sized apartments, they often represent the only affordable rental choices in single-family neighborhoods, which typically contain no studio or one - bedroom housing options at all. • Some municipalities are boosting ADUs as part of affordable housing and anti - displacement strategies. Santa Cruz, California (see opposite), is among the cities with programs to help lower-income households build ADUs or reside in them at reliably affordable rents. 4 AARP The ABCs of ADUs ADUs are able to house people of all ages • An individual's housing needs change over time, and an ADU's use can be adapted for different household types, income levels, employment situations and stages of life. • ADUs offer young people entry-level housing choices. • ADUs enable families to expand beyond their primary home. • ADUs provide empty nesters and others with the option of moving into a smaller space while renting out their larger house or letting an adult child and his or her family reside in it. ADUs are just the right size • Generally measuring between 600 and 1,000 square feet, ADUs work well for the one - and two-bedroom homes needed by today's smaller, childless households, which now account for nearly two- thirds of all households in the United States. ADUs are good for the environment • ADUs require fewer resources to build and maintain than full-sized homes. • ADUs use significantly less energy for heating and cooling. (Of all the ADU types, internal ones tend to have the lowest building and operating costs.) ADUs are community - compatible • ADUs offer a way to include smaller, relatively affordable homes in established neighborhoods with minimal visual impact and without adding to an area's sprawl. • ADUs provide a more dispersed and incremental way of adding homes to a neighborhood than other options, such as multistory apartment buildings. As a result, it's often easier to get community support for ADUs than for other housing types. Big houses are being built, small houses are needed Do we really need more than three times as much living space per person as we did in 1950? Can we afford to buy or rent, heat, cool and care for such large homes? YEAR Average square footage of new 111 single-family homes Number of people per household Square feet of living space per person 1950 983 '017 2,571 3.8 2.5 292 1,012 Fact: ADUs house more people per square foot of living area than single-family homes do. SOURCE: NATIONAL ASSOCIATION OF HOME BUILDERS (AVERAGE HOME SIZES), U.S. CENSUS BUREAU (AVERAGE HOUSEHOLD SIZES) HOME VISIT #1 Attached ADU Addition Santa Cruz, California Size: 500 square feet A The area with the darker roof shingles is the ADU that was added onto the home of Carrie and Sterling Whitley. A W The Whitleys' ADU (that's Carrie showing off the front yard's new paths and plantings) has its own entrance on the side of the home and is being rented to the couple's daughter so she can help her elderly parents when needed. When Carrie and Sterling Whitley bought their house in 1971, they paid less than $15,000. Nearly 50 years later, similar homes on their street have sold for more than $1 million. THE PROBLEM: The Whitleys, who are in their 80s, own the house outright and don't want to move. But the financial and physical demands involved in maintaining the house are a challenge. A SOLUTION: To help low-income homeowners age 62 or older live independently and keep their homes, the Monterey Bay affiliate of Habitat for Humanity and the City of Santa Cruz launched My House My Home: A Partnership for Aging -in -Place. The pilot program builds accessory dwelling units so older homeowners can downsize into a new, aging -friendlier home and earn rental income from their original house. Or such homeowners can remain in their house and rent out the new, smaller residence. Participating homeowners are required to charge an affordable rental rate. REALITY CHECK: When the Whitleys' project broke ground in April 2017, they were the first homeowners to receive an ADU through the program, which worked with them to design the ADU as an addition to their existing home. Since the dwelling was built with accessibility features, Carrie and Sterling know they can downsize into it if they ever need to. Until then, their daughter, Brenda, resides in the addition. REAL LIFE: "I'm right next door to my parents in case they need me or need any help," Brenda says. Design: Historic Sheds 1 Builder: Historic Sheds 1 Cost to build: $158,000 in 2017 (not including volunteer labor) 1 Photos by Michael Daniell Article adapted from Where We Live: Communities for All Ages (AARP 2018) ADU ADVICE: With an attached ADU, privacy between the two residences can be achieved by locating the ADU bedroom(s) and bathroom(s) as far as possible from the main house. Providing the ADU with its own yard or outdoor space is helpful too. The ABCs of ADUs 1 AARP 5 ADUs Are an American Tradition While today's interest in ADUs may be new, the housing type is centuries old Early settlers often built a small home to live in while constructing their larger, primary house nearby. When farming was a source of survival for most of the nation's households, families routinely constructed additional homes on their land when needed. People with wealth and acreage regularly populated their lands with secondary mansions and ancillary buildings independent of the main estate house. In fact, until the 20th century, people with land built as many homes as they wished. There were few or no zoning rules, municipal services or infrastructure (utilities, roads, schools, trash collection, first - responders) to consider. A historic precedent for the modern day accessory dwelling unit is the "carriage house," or "coach house." Originally built for horse-drawn carriages, the structures associated with grander homes were frequently large enough to double as living quarters for workers and stable hands. Decades later, in response to housing shortages and economic needs, many surviving carriage houses were This carriage house containing a one -bedroom, one -bath ADU above a two -car garage sits behind a six -level, Gilded Age, Hoboken, New Jersey, townhome that was built in 1883. The dual residence property was on the market in 2018 for $5 million. converted into rental homes. By becoming landlords, the owners gained income from their otherwise unused outbuildings. Automobile garages have a similar history. Some were originally built with a housing unit upstairs. Over time, many garages were converted (often illegally or under zoning codes no longer applicable today) into small homes when the spaces became more valuable for housing people than vehicles. With the rise of suburban single-family home developments following World War II, ADUs practically ceased to be built legally in the United States. Then as now, residential zoning codes typically allowed only one home per lot, regardless of the acreage and with no exceptions. Attached and detached garages occupied yard space that might otherwise have been available for ADUs. Some cities, including Chicago, grandfathered in pre-existing ADUs — but only if the residences remained consistently occupied. In Houston's historic and trendy Heights neighborhood, old and new garage apartments are common and desired. But elsewhere, even in rural areas with ample land, property owners are often prohibited from creating secondary dwellings. Many communities today don't allow new ADUs, even if they did in the past — and even if ADUs currently exist there. (Countless units in single-family homes or yards are technically illegal or are allowed simply because they were created when such residences had been legal.) ADUs began making a comeback in the 1980s as cities explored ways to support smaller and more affordable housing options within single -dwelling neighborhoods. In 2000, in response to a growing demand for ADU- supportive guidelines, AARP and the American Planning Association partnered to release an influential model state act and local code for ADUs. More recently, there's been renewed interest at the state and local levels (see page 8) in legalizing and encouraging the creation of ADUs, driven by the increasingly high cost of housing and, in some places, the belief that homeowners with suitable space shouldn't be so restricted in the use of their property. PHOTO BY MIMI PARK, DESIGN PARK, INC. HOME VISIT #2 Garage Apartment ADU Denver, Colorado Size: 360 square feet The apartment above the garage can be reached from inside the garage or from an exterior side entrance accessed from the yard it shares with the primary residence. "I see our ADU as something very similar to a student loan," says Mara Owen. "It's something you invest in the future with. It was cheaper than buying a house for Mom, and it lets her have independence. It's great knowing we can check in on her whenever." AH -HA MOMENT: Owen, her partner, Andrew, and their three dogs were sharing a one -bedroom, one -bath house with her mother, Diane. When Owen learned that ADUs were allowed in the city, she decided the best way to get more space for her small home's many residents would be to remove their "leaky and defunct" garage and build a new two -car garage with an apartment above it. WISE ADVICE: "Get a really great builder and architect," says Owen. "Interviewing architects was similar to a first date. It's not just who you feel connected with. That's important, but get to the values. It's a niche market, so see if you can find someone who has built ADUs before, because ADUs are a little different." FUTURE PLANS: The stairs to Diane's apartment are wide enough for a stair lift, if it's ever needed. The roof was built at the correct slope for the eventual installation of solar panels. Design: Hive ArchitectureBuilder: Hive ArchitectureCost to build: $167,000 in 20161 Photo by Mara Owen I Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwellings.org. Visit the website to read about and see photographs of more ADU projects. HOME VISIT #3 Basement ADU Portland, Oregon Size: 796 square feet The transformation of this colorful Victorian was both a preservation and expansion project. TEACHING MOMENT: "Here's a very welcome breath of fresh air, especially in the face of so much gentrification that is going on in Portland!" declared Mark Lakeman, principal of Communitecture, an architectural, planning and design firm, about the pictured remodel. Writing on his company's website, he says the project provides a lesson in how to "adapt and reuse our precious historic houses so they can accommodate more people while also providing more income to support the existing home." HOW'D THEY DO IT? To add a basement rental unit, engineers lifted the house. The resulting ADU is roughly four feet underground and four feet above. A By lifting the house and digging beneath it, designers, engineers and builders turned a two-story, single-family home into a three-story, multifamily residence. THE ACHIEVEMENT: Adds Lakeman: "Unlike the seemingly pervasive method of simply tearing down existing buildings so that new, giant ones can be built, this approach achieves upgrades in energy efficient living places and adds density while retaining the continuity of our beloved historical urban environment." Design: Communitecture 1 Home Lift: Emmert International Builder: Tom Champion 1 Cost to build: $125,000 in 2015 1 Photos by Communitecture (before) and Chris Nascimento (after) The ABCs of ADUs I AARP 7 The Time Is Now Rules for ADUs continue to evolve and frequently differ from one town to the next Some communities allow almost any home to be set up with an ADU — so long as size limits, property line setbacks and placement caveats in relation to the primary dwelling are met. Other communities start with those basic standards and then layer on extra requirements (see page 14) that can make it challenging to create an ADU. Municipalities nationwide have been relaxing their restrictions against ADUs, and some states have been encouraging their creation by requiring communities to allow them. • In 2017, California required all of its cities and counties to allow ADUs so long as the property owner secured a building permit. In Los Angeles, Mayor Eric Garcetti has said ADUs could provide the city with a needed 10,000 housing units. He's touted ADUs as a "way for homeowners to play a big part in expanding our city's housing stock and make some extra money while they're at it." • That same year, a New Hampshire law established that local zoning codes had to allow ADUs nearly everywhere single-family housing was permitted. The change stemmed in large part from the frustration of builders who couldn't construct the type of amenities, such as backyard cottages and garage apartments, that their clients desired. • Oregon requires cities and counties of certain sizes within urban growth boundaries to allow ADUs in all single-family neighborhoods. • As of 2019, major cities that allow ADUs include Anchorage, Alaska; Atlanta, Georgia; Austin, Texas; Denver, Colorado; Honolulu, Hawaii; Houston, Texas; Philadelphia, Pennsylvania; Phoenix, Arizona; Seattle, Washington; and Washington, D.C. Communities in Massachusetts, Kentucky, Illinois, Indiana and Oregon have sought advice from AARP and Orange Splot about revising their zoning codes to allow ADUs. The unique floor plan of this single-family Maryland farmhouse allows for a first floor residence (accessed through the door on the right) and an upper-level ADU that can be reached through the entrance at left. 8 AARP The ABCs of ADUs To Encourage ADUs LOCAL OFFICIALS can ... • allow all ADU types (detached, attached, interior) • simplify the building permit process for ADUs • waive or reduce permit and impact fees • let garages be converted into ADUs without requiring replacement off-street parking • allow a second ADU if one of the homes on the property meets accessibility standards COMMUNITY PLANNERS can ... • adopt simple, flexible but nondiscretionary ADU rules about setbacks, square footage and design compatibility with the primary dwelling LENDERS can ... • work with homeowners to finance the construction of ADUs by using renovation loans ADVOCATES can ... • organize tours of completed ADUs in order to inform and inspire the community • educate homeowners, real estate agents, architects and builders about local zoning regulations and the permit process REAL ESTATE AGENTS can ... • educate themselves and their clients about rules for the construction of ADUs LOCAL MEDIA can ... • report on how and why homeowners build ADUs NOLNVLS VSSI1 W A8 010 H HOME VISIT #4 Internal ADU (Main Level) Portland, Oregon Size: 220 square feet Even small homes can have enough space for an ADU. An underused main floor bedroom in this 1.5 -story, 1,500 -square -foot bungalow was transformed into a studio apartment. AH -HA MOMENT: According to Joan Grimm, who owns the home with Rita Haberman: "What we were looking for in terms of a community and aging in place was right under our noses. Remove a fence and create a shared open space. Build a wall and create a second dwelling unit. It doesn't have to be complicated." REAL LIFE: "Creatively carving out an ADU from the main floor of our house saved on design and construction costs," Grimm adds. "It provides an opportunity for rental income, with no significant compromise to the livability of our home." The steps and side entrance (top) lead to the studio apartment ADU, which was crafted out of an existing space. The covered porch to the right leads to the primary residence. The ADU contains a kitchen, small dining and living area, sleeping area, bathroom and laundry area. Design: Rita Haberman 1 Builder: RS Wallace Construction 1 Cost to build: $55,000 in 2015 (with some work done by the homeowners) Photos courtesy Billy Ulmer 1 Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwellings.org HOME VISIT #5 Internal ADU (Lower Level) Portland, Oregon Size: 795 square feet "We were looking for a way to live in our house for the rest of our lives and to generate at least some income in the process," Robert Mercer and Jim Heuer wrote for the program guide of the annual Portland ADU Tour when their home was part of the lineup. "An ADU offers the possibility of caregiver lodging in the future or even a place for us to live while we rent out the main house if we get to the point where we can't handle the stairs any longer." THE SOUND OF SILENCE: Internal ADUs often require that soundproofing insulation be installed between the primary dwelling and the accessory unit that's below, above or beside it. In Portland, the building code for duplex residences requires a sound insulation rating of at least STCC45. To property owners thinking about a similar ADU setup, the duo advise: "Think about how you live in your home and The door to the right of the garage leads to a ground -floor ADU with windows along the back and side walls. The upper-level windows seen below are part of the main residence. how having downstairs neighbors will change what you can and can't do with your space and what investment you are prepared to make in sound insulation." AN ADDED BONUS: "We are pleased that we have been able to provide more housing density on our property and still be in keeping with the historic character of our home." Design: DMS Architects 1 Builder: Weitzer Company 1 Cost to build: $261,000 in 2016 1 Photo by Melissa Stanton, AARP 1 Article adapted from the 2017ADU Tour project profiles on AccessoryDwellings.org The ABCs of ADUs ' AARP 9 Bringing Back A^'' The reasons for creating or living in an ADU are ADUs are flexible. Over time, a single ADU might be used in many ways as an owner's needs and life circumstances change. Following are just a few reasons why ADUs are created and by whom: EMPTY NESTERS can build an ADU and move into it, then rent out the main house for supplemental income or make it available to their adult children. FAMILIES WITH YOUNG CHILDREN can use an ADU as housing for a nanny or au pair or even a grandparent or two, who can then help raise their grandkids and be assisted themselves as they age. INDIVIDUALS IN NEED OF CARE can reside in an ADU to be near family members, or they can use the ADU to house a live-in aide. (In fact, ADUs can be an affordable and more comforting alternative to an assisted -living facility or nursing home.) HOME BUYERS can look forward to the rental income from an ADU to help pay their mortgage or finance home improvements, especially in expensive housing markets. HOME-BASED WORKERS can use an ADU as their office or workshop. HOMEOWNERS can use an ADU for guests or as housing for friends or loved ones who: • aren't yet financially independent, such as new high school or college graduates • need temporary housing due to an emergency or while renovating their own home • have disabilities but can live independently if family reside nearby '1111111 II Iq� �luut, 7�4.:ao ,, The zoning code in Evanston, Illinois, permits accessory dwelling units, creating an opportunity for the owners of this 1911 home with an outbuilding in the backyard. 10 AARP The ABCs of ADUs as varied as the potential uses Planning and Paying for ADUs Most new homes are built by developers, entire subdivisions at a time. Apartments are also built by pros. But ADUs are different. Although ADUs are occasionally designed into new residential developments, the vast majority are created by individual homeowners after they move in. In other words, ADUs are usually created by enthusiastic and motivated amateurs. An ADU may present the ultimate chance for a do-it-yourselfer to build his or her small dream home. More often, homeowners bring in a combination of architects, designers and construction contractors to do the work, much as they would for a home addition or major kitchen remodeling. The local municipality's planning department can provide guidance on the rules for ADUs and information about what permits, utility connections and fees are involved. ADUs aren't cheap, and they are often the most significant home improvement project a homeowner will undertake. Although internal ADUs can sometimes be built for about $50,000, new detached ADUs often exceed $150,000. Most ADUs are financed through some combination of savings, second mortgages, home equity lines of credit and/or funds from family members (sometimes a relative who ends up living in it). In some areas, the cost of building an ADU can be recouped after a few years of renting it. If that's the plan, it's worth estimating the expenses versus the potential income before undertaking an ADU project. A few cities, nonprofits and start-ups are experimenting with creative financing options that could put ADUs within reach for more homeowners and their families, as well as prospective renters. PHOTO BY ELI SPEVAK, ORANGE SPLOT LLC HOME VISIT #6 Detached ADU(One-StOry) Decatur, Georgia Size: 800 square feet When Walt Drake decided to downsize, his son Scott purchased his dad's house for himself and his family and built a detached ADU (or DADU) for Walt. "From not finding what we wanted for Dad, we decided to create it," says Scott. "Neighborhoods built in the 1920s have carriage houses. Building an ADU was a modern day version of something people have been doing on their property in this area for a hundred years." NEAR AND FAR: "We wanted the houses to be separate and to feel like we're each on our own property, but we're there for each other," says Scott. AGING-FRIENDLY: Building the ADU meant Walt didn't have to sell his home and leave his neighborhood. "He was able to keep his own stuff and turn over what he didn't need to us," says Scott. "It kept my dad in place, which I think was important." FUTURE PLANS: Scott says the ADU is "serving its intended purpose" but that someday down the road it could be used as a long- or short-term rental. "The ADU could turn into lots of different things over the course of its lifetime" Design: Adam Wall, Kronberg Wall 1 Builder: Rob Morrell 1 Cost to build: $350,000 in 20741 Photo by Fredrik Brauer 1 Floor plan by Kronberg Wall Architects 1 Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwellings.org Walt Drake's Southern -style, one -bedroom ADU has an outdoor, wraparound porch that can be accessed without using steps. The design is in keeping with other buildings in the neighborhood. The ABCs of ADUs I AARP 11 ^Us Pry Age -Friendly Housing New -construction ADUs can be created with "universal design" features An "age -friendly" home has a zero -step entrance and includes doorways, hallways and bathrooms that are accessible for people with mobility differences. Garage conversions (such as the one pictured on page 2) are among the easiest and least expensive ADU solutions for aging in place since they're preexisting structures and generally have no -step entries. To learn more about making a home aging -friendly, download or order the AARP HomeFit Guide atAARP.org/HomeFit. HOME VISIT #7 Detached ADU (Two -Story) Seattle, Washington Size: 800 square feet Evelyn Brom's plan was to build a backyard cottage and rent it out. She would keep living in her two- bedroom home. AH -HA MOMENT: As the design developed, Brom realized that she wanted to live in the stunning wood -and -glass ADU. It was a good decision. A week before moving in, Brom was laid off from her job. REAL LIFE: The $3,000 a month Brom receives in rent for the main house (which is occupied by a three -generation family) provides a needed income. "Being laid off has made this arrangement a lifesaver," Brom says. If the stairs in the cottage ever become too hard to navigate, she can move back into her original one-story house and rent out the cottage instead. "Now I have options," she says. 2 STORY 8005F DADA wnt EXISTING SINGLE FAMILY RESIDENCE There's a powder room, open kitchen and living room on the first floor, with a bedroom and bathroom upstairs. Although Brom's property is only 0.13 acres, it's large enough to accommodate two homes, a patio, a lawn HVL and a garage. A slatted wood fence with a gate j divides the space ------ between the two houses and provides privacy. Design: Chrystine Kim, NEST Architecture & Design 1 Builder: Ian Jones, Treebird Construction 1 Photo byAlex Hayden 1 Cost to build: $250,000 in 2014 Article adapted from Where We Live: Communities for All Ages (AARP 2018) 12 AARP The ABCs of ADUs HOME VISIT #8 Detached Bedroom St. Petersburg, Florida Size: 240 square feet Bertha and her son John talked about someday buying a house with a mother-in-law suite. "Then one day someone came along and wanted my house, so I up and sold it," she explains. "But that left me homeless. I asked John if I could build a small house in his backyard and he agreed." CREATIVE THINKING: A detached bedroom is a permanent, accessory structure that, unlike ADUs, lacks a kitchen. But that's what makes these cabin -like homes more affordable to build than many ADUs and even tiny houses. WHAT'S INSIDE: Bertha's home contains a sleeping and living area and a full bathroom. "I paid for the little house and it's on my son's property. So I figured, if I'm cooking I can do it at my son's house," she says. (Her laundry is also done at his house.) A detached bedroom, which contains a bathroom but no kitchen, can provide housing for a loved one or serve as a home office or guest cottage. REAL LIFE: "Having access to my son's house makes it livable. Otherwise, I personally would not be happy. It's very comforting to know that John is close by. Hopefully this will be my home forever." Design: Historic Sheds 1 Builder: Historic Sheds 1 Cost to Build: $50,000 in 2017 1 Photo by Historic Sheds 1 Article adapted from ADU Case Studies" by Lina Menard on AccessoryDwellings.org A Sustainable and Sunny ADU Tired of living in a house with so many walled off and dark spaces that the sun couldn't shine in, the home's owners built and moved into the bright, airy, modern and very accessible ADU they created in their yard. (The original, larger home has become a rental.) The ADU is located within a conservation district and was constructed using sustainable materials and environmentally friendly techniques. One such feature is the deck trellis, which allows light in while diffusing the heat of the afternoon sun. ■ Although this ADU has only 721 square feet of living space, there is room enough for two bedrooms. Design: Propel Studio1 Builder: JLTB Construction 1 Photo by Josh Partee 1 Cost to build: $185,000 in 20171 Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwellings.org Practical Solutions dor ADIIe Local laws can both allow and appropriately control the creation of accessory dwellings There are more than 19,000 cities, 16,000 towns and 3,000 counties in the United States. Regulations about ADUs are typically written or adopted at the local government level. Where it's legal to build ADUs, homeowners still need to follow rules about where it can be done, how tall they can be, how many square feet they can contain, what they can look like and how they can be used. These rules can be found in the local zoning code. Over the past few decades it has become clear that there's a balance to strike between the strictness of ADU regulations and how often ADUs get built. For instance, after Portland, Oregon, relaxed its ADU rules in 2010 and waived impact fees (a savings of up to $12,000), the number of ADUs built there increased from about 30 per year between 2000 and 2009 to practically one ADU a day in 2015. Changes in California's ADU laws allowed Los Angeles to achieve an even more dramatic increase, going from 80 permit applications in 2016 to nearly 2,000 in 2017. Allowing both an ADU and a "Junior ADU," or JADU — an interior ADU of 500 square feet or fewer — on properties in Sonoma County were among the urgent policies adopted in the wake of Northern California's many devastating fires. Meanwhile, in many jurisdictions, well-intentioned but burdensome rules can stymie the creation of ADUs. ADU-related zoning codes should be restrictive enough to prevent undesirable development but flexible enough that they actually get built. When a community is worried about a potentially undesirable outcome, it can — and many do — craft regulations to prevent particular building types, locations or uses. A city concerned about the environmental impact of new structures might prohibit placing detached ADUs in precarious locations, such as on steeply sloping lots. Communities wary of ADUs becoming, for instance, off -campus student housing could establish occupancy rules. Every community has its own priorities and concerns, and there's a wide enough range of regulatory controls that communities can write appropriate ADU rules. This inherent flexibility in the form and function of ADUs allows them to pass political muster and get adopted in a wide range of places. (See page 16 for more about uses and rules.) Rules that discourage ADUs • ADU-specific regulations that don't also apply to primary dwellings (e.g., owner -occupancy requirements) • complex design compatibility criteria and approval steps • off-street parking requirements beyond those required for the primary dwelling • restrictions that limit ADUs to certain geographic areas, particular zoning categories or to large lots • caps on square footage relative to the primary house that make it easy to add an ADU to a large home but hard or impossible to add one to a small home TRADING SPACES: An ADU is always the smaller of two dwellings on a property, but it's possible for an existing home to become the ADU when a larger house is built and becomes the primary dwelling. 14 AARP The ABCs of ADUs Are ADUs allowed in your community? Find out by calling the office in charge of land use and permits or stopping by in person. You can also search for and read the zoning code through the local government's website. • If ADUs are allowed, ask what conditions, permit needs and impact fees apply. • If ADUs are not allowed in your community and you want them to be, ask an elected official or the local department of zoning and planning for information about how the codes can be updated. Then get organized and start advocating! Creating dor Understandings an ADU Zoning Code The ADU section of a community's zoning code needn't be overly complicated. It just needs to establish clear, objective and fair rules for the following: 1. A Definition: A good zoning code clearly defines its terminology. Here, for example, is a useful outline for what, in the real world, is a very fluid term: "An ADU is a smaller, secondary home on the same lot as a primary dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heat, cooking and sanitation." 2. The Purpose: This is where the code describes key reasons a community allows ADUs. They should: • increase the number of housing units while respecting the style and scale of single -dwelling development • bolster the efficient use of existing housing stock and infrastructure • provide housing that's affordable and respond to the needs of smaller, changing households • serve as accessible housing for older adults and people with disabilities 3. Eligibility: Who can build an ADU and on what type of property? A statement in this part of the code clarifies that an ADU can be placed only on a "residentially zoned, single-family lot." (Some communities provide lot size standards, but many don't.) 4. Creation: This is where the code sets out how an ADU can be built. For instance: "An ADU may be created through new construction, the conversion of an existing structure, as an addition to an existing structure or as a conversion of a qualifying existing house during the construction of a new primary dwelling on the site." 5. Quantity: Most municipalities that permit ADUs allow one per lot. Vancouver, British Columbia; Sonoma County, California; and Tigard, Oregon, are among the few that allow two per lot (typically one internal and one external). Some communities also allow duplexes or townhomes to have ADUs, either in the backyard or on the ground floor. 6. Occupancy and Use: A code should state that the use -and -safety standards for ADUs match those that apply to the primary dwelling on the same property. (See page 17 for more about ADU uses.) 7. Design Standards: • Size and height: A zoning code might specify exactly how large and tall an ADU is allowed to be. For instance, "an ADU may not exceed 1,000 square feet or the size of the primary dwelling, whichever is smaller." Codes often limit detached ADUs to 1.5 or 2 stories in height. (An example of that language: "The maximum height allowed for a detached ADU is the lesser of 25 feet at the peak of the roof or the height of the primary dwelling.") • Parking: Most zoning codes address the amount and placement of parking. Some don't require additional parking for ADUs, some do, and others find a middle ground — e.g., allowing tandem parking in the driveway and/or on -street parking. (See page 16 for more about parking.) • Appearance: Standards can specify how an ADU's roof shape, siding type and other features need to match the primary dwelling or neighborhood norms. Some codes exempt one-story and internal ADUs from such requirements. (See page 16 for more about making sure that ADUs fit into existing neighborhoods.) • Entrances and stairs: Communities that want ADUs to blend into the background often require that an ADU's entrance not face the street or appear on the same facade as the entrance to the primary dwelling (unless the home already had additional entrances before the ADU was created). 8. Additional Design Standards for Detached ADUs: • Building setbacks: Many communities require detached ADUs to either be located behind the primary dwelling or far enough from the street to be discreet. (A code might exempt preexisting detached structures that don't meet that standard.) Although this sort of rule can work well for neighborhoods of large properties with large rear yards, communities with smaller lot sizes may need to employ a more flexible setback -and -placement standard. • Building coverage: A code will likely state that the building coverage of a detached ADU may not be larger than a certain percentage of the lot that is covered by the primary dwelling. • Yard setbacks: Most communities have rules about minimum distances to property lines and between buildings on the same lot. ADUs are typically required to follow the same rules. Visit AARP.org/ADU to see examples of ADU zoning codes from selected cities. The ABCs of ADUs AARP 15 ADU "Hai Topics" As communities allow ADUs or update existing zoning codes and rules to be more ADU-friendly, they inevitably wrestle with some or all of the following issues: Adding ADUs to neighborhoods Recognizing that ADUs may represent a new housing type for existing neighborhoods, communities often write special rules to ensure they'll fit in well. These guidelines typically address visual compatibility with the primary dwelling, appearance from the street (if the ADU can be seen) and privacy for neighbors. Rules that help achieve these goals include: • height and size caps mandating that ADUs be shorter and smaller than the primary dwelling • requirements that detached ADUs be behind the main house or a minimum distance from the street • mandates that the design and location of detached ADUs be managed the same way as other detached structures (e.g., garages) on the lot • design standards for larger or two-story ADUs so they architecturally match the primary dwelling or reflect and complement neighborhood aesthetics • encouragement for the creation of internal ADUs, which are often unnoticed when looking at the house Each community can strike its own unique balance between strict rules to ensure that ADUs have a minimal impact on neighborhoods and more flexible rules that make them easier to build. A top floor ADU can be a suitable rental for a student or someone who travels a lot for work. ADU expert Kol Peterson grew up in a home with an attic ADU that was usually rented to law school students. "They had to walk up the primary house's interior stairs in order to access the affordable attic unit," he writes in Backdoor Revolution: The Definitive Guide to ADU Development. "Over the years that each of them lived there, the tenants became parts of our family." Providing places to park. ADU regulations often include off -street -parking minimums on top of what's already required for the primary dwelling. Such rules can prevent homeowners from building ADUs if there's insufficient physical space to accommodate the parking. However, additional parking often isn't needed. Data from Portland, Oregon, shows that there are an average of 0.93 cars for each ADU, and that about half of all such cars are parked on the street. With fewer than 2 percent of Portland homes having ADUs (the highest percentage in the country), there is about one extra car parked on the street every six city blocks. This suggests that any impacts on street parking from ADUs are likely to be quite small and dispersed, even in booming ADU cities. More -realistic parking rules might: • require the creation of new parking only if the ADU displaces the primary dwelling's existing parking • waive off -street -parking requirements at locations within walking distance of transit • allow parking requirements for the house and ADU to be met by using some combination of off-street parking, curb parking, and tandem (one car in front of the other) parking in a driveway Dealing with unpermitted ADUs It's not uncommon for homeowners to convert a portion of their residence into an ADU in violation (knowingly or not) of zoning laws or without permits. Such illegal ADUs are common in cities with tight housing markets and a history of ADU bans. One example is New York City, which gained 114,000 apartments between 1990 and 2000 that aren't reflected in certificates of occupancy or by safety inspections. Some cities have found that legalizing ADUs, simplifying ADU regulations and/or waiving fees can be effective at getting the owners of illegal ADUs to "go legit" — and address safety problems in the process. PHOTO BY KOL PETERSON, BUILDINGANADU.COM Allowing and Restricting Uses Communities get to decide whether to let ADUs be used just like any other housing type or to create special rules for them. Some municipalities take a simple approach, regulating ADUs just as they do other homes. So if a home-based childcare service is allowed to operate in the primary dwelling, it is also allowed in an ADU. Conversely, communities sometimes adopt ADU-specific regulations in order to avoid undesirable impacts on neighbors. Examples include: Limiting short-term rentals ADUs tend to work well as short- term rentals. They're small and the owner usually lives on-site, making it convenient to serve as host. However, if ADUs primarily serve as short-term rentals, such as for Airbnb and similar services, it undermines the objective of adding small homes to the local housing supply and creating housing that's affordable. In popular markets, short-term rentals can be more profitable than long-term ones, allowing homeowners to recoup their ADU expenses more quickly. In addition, short-term rentals can provide owners with enough income that they can afford to occasionally use the ADU for friends and family. A survey of ADU owners in three Pacific Northwest cities with mature ADU and short-term rental markets found that 60 percent of ADUs are used for long-term housing as compared with 12 percent for short-term rentals. Respondents shared that they "greatly value the ability to use an ADU flexibly." For instance, an ADU can be rented nightly to tourists, then someday rented to a long-term tenant, then used to house an aging parent. ADUs intended primarily for visting family are sometimes used as short-term rentals between visits. Cities concerned about short-term rentals often regulate them across all housing types. If there are already rules like this, special ones might not be needed for ADUs. An approach employed in Portland, Oregon, is to treat ADUs the same except that any financial incentives (such as fee waivers) to create them are available only if the property owner agrees not to use the ADU as a short-term rental for at least 10 years. Requiring owner -occupancy Some jurisdictions require the property owner to live on-site, either in the primary house or its ADU. This is a common way of addressing concerns that absentee landlords and their tenants will allow homes and ADUs to fall into disrepair and negatively impact the neighborhood. Owner -occupancy rules are usually implemented through a deed restriction and/or by filing an annual statement confirming residency. Some cities go further, saying ADUs can be occupied only by family members, child- or adult -care providers, or other employees in service of the family. Owner -occupancy requirements make the financing of ADUs more difficult, just as they would if applied to single-family homes. But as ADUs have become more common, owner -occupancy restrictions have become less so, which is good. Such requirements limit the appraised value of properties with ADUs and reduce options for lenders should they need to foreclose. Enforcing owner -occupancy laws can be tricky, and the rules have been challenged in courts, sometimes successfully. However, according to a study by the Oregon Department of Environmental Quality, more than two-thirds of properties with ADUs are owner - occupied even without an owner - occupancy mandate. While not technically ADUs, tiny houses can serve a similar purpose Because tiny houses — such as the 100 -square -foot "Lucky Penny," pictured — are built on a trailer with wheels rather than on a fixed foundation, they are typically classified as recreational vehicles (RVs) rather than permanent residences. Although tiny homes are usually smaller than 400 square feet, many of them do contain a kitchen and bathroom. Design and Builder: Lina Menard, Niche Consulting 1 Photos by Guillaume Ditilh, PhotoXplorer ABOVE -GARAGE ADU DETACHED -BEDROOM ADU DETACHED ADU • An accessory dwelling unit is a small residence that shares a single-family lot with a larger primary dwelling. • As an independent living space, an ADU is self-contained, with its own kitchen or kitchenette, bathroom and living/ sleeping area. (Garage apartments and backyard cottages are each a type of ADU.) • ADUs can enable homeowners to provide needed housing for their parents, adult children, grandchildren or other loved ones. • An ADU can provide older adults a way to downsize on their own property while a tenant or family member resides in the larger house. Since homeowners can legally rent out an ADU house or apartment, ADUs are an often -essential income source. ADUs help to improve housing affordability and diversify a community's housing stock without changing the physical character of a neighborhood. ADUs are a beneficial — and needed — housing option for people of all ages. Learn more about ADUs and rder or download Sign up for the free, weekly RP Liv Communities e -Newsletter Be among the first to learn when AARP releases more livabilit guides and resources. AARP.org/Livable-Subscribe :14ARP Real Possibilities D2o473 ... :•• ...• App Valley ITEM: 6.B. PLANNING COMMISSION MEETING DATE: September 18, 2019 SECTION: Other Business Description: Discussion of the Status of the Draft 2040 Comprehensive Plan Update Staff Contact: Bruce Nordquist, Al CP, Community Development Director Department / Division: Community Development Department Applicant: City of Apple Valley Project Number: PC17-06-P Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: Review and discuss the material staff has prepared to update the Housing Chapter of the draft 2040 Comprehensive Plan. SUMMARY: Staff has been in discussions with Metropolitan Council staff during the last several months regarding questions raised between the agency and the City. Multiple chapters had updates clarifying text, data, and maps. A few areas have remained to be addressed in the Land Use and Housing Chapters related to: • The role of the 414 acre Mixed Business Campus (MBC) for housing production. The City maintains this is solely a job creation district. When you have a land asset as significant as the active mining area, both the property owner and the City wish to pursue the highest and best uses consistent with the Orchard Place master plan and the last Alternative Urban Areawide Review (AUAR) completed by the property owner and accepted by the City. Recent actions supported by the City Council and the Planning Commission recognize that low, medium and higher density housing types will and are occurring at the edges of the MBC. Also to be recognized was the announcement in the last week that the initial 250,000 sq. ft. of retail is being planned at 157th Street and Pilot Knob Road. Quoting the developer HJ Development in the Business Journal, "It's probably the biggest retail development going on in the Twin Cities." The stage is set for additional business development in the MBC. Staff has developed a strategy, to be discussed September 18, that demonstrates an alternative way, "opportunity areas", to achieve 2040 household forecasts of 24,900 households sought by the Metropolitan Council. • Housing unit production that is not yet being counted by the Metropolitan Council, even though a significant number of dwelling units have been added in 2017, 2018 and 2019. The Metropolitan Council household forecast to 2020 is 21,700 households. The Metropolitan Council staff has asked the City to use 2017 estimates from the Metropolitan Council of 20,149 to achieve both the 2020 and 2040 household forecasts. The last decade has seen robust growth in single and multi -family housing development. In fact, in 2017, records were set for growth measured in building permit valuation of $202.5 million in part because of housing production. Because the forecast given to staff represents activity to end of 2016, all of 2017, 2018, 2019, and through to the end of 2020 on both completed and pipeline projects remains significant but uncounted until the end of 2020. Staff reports households created in and since 2017 totals 1,470 units and the pipeline (units planned or under construction) adding an additional 715 households. To summarize, 2,185 households will be added since the beginning of 2017, a performance level by the strength of market for the private marketplace of 634 units over the 21,700 2020 forecast. This counting is important to plan for the 2021 through 2030 decade and the 2031 to 2040 decade. Staff has generally concluded that about 1,300 households each decade to 2040 will achieve stated Metropolitan Council forecasts and is presenting the background material this evening to achieve that objective. • "Guiding sufficient land for the production of housing to 2040" is the Metropolitan Council's requirement. A city typically achieves this in the Comprehensive Plan designating existing privately owned parcels as being guided and zoned for low, medium and high density housing. What this fails to address and match is the likely marketplace outcome. By that time, expectations are established in neighborhoods and adjacent property owners have made decisions about the future. As an alternative, a more flexible "opportunity area" has been discussed that recognizes undervalued properties may change over time. Those areas may include housing in a mixed lower or higher density or mixed use configuration with commercial uses when in the downtown or along the transit corridor. To make up for not committing to specific housing parcels at specific densities, these opportunity areas allow to achieve "areas guided for housing", matching 2040 forecasts. Like staff projections to 2020, the marketplace of the future may result in the 24,900 household forecasts being exceeded somewhat due to the economic strength of Apple Valley in the marketplace. Maps and numbers are attached as an introduction to this discussion. The City will not have to guide or rezone these parcels and Metropolitan Council staff currently concurs. • When we say medium density, we recognize both what it is and what it is not. It is generally 6 to 12 units/acre; to be configured as rows, clusters and attached forms of housing choices meeting needs of singles, couples, young families willing to have a vertical configuration and empty nesters and seniors wishing to age -in-place in one level living. In the Draft 2040 Comprehensive Plan, guiding land use outcomes are presently forecast as about 41 percent single family, 4.9 percent medium density, 2.6 percent high density, and 0.3 percent suburban intensive, our highest form. Housing proposals this summer have reinforced City staffs approach to advance lower to medium density additions near single family areas as a good strategy to 2040. And, higher density development responses should remain in the downtown, along the Cedar Redline BRT and along future County Road 42 transit services as they emerge. "PD" (Planned Development) designations have served the City for several years, tailoring density to location and in response to open space, stormwater and site amenities which are sought- after today and in our future marketplace. By mapping opportunity areas, the City remains in control of land use decisions matched to market opportunity to 2040. The attached maps and data provide information supporting the City's position. Staff will share with the Commission the next steps towards the goal of having the City's 2040 Comprehensive Plan formally approved by the Metropolitan Council in the months ahead. BACKGROUND: The attached PowerPoint supports this narrative. Also attached is a copy of the article by the Business Journal in support of Orchard Place retail development. Kathy Bodmer, Planner, will discuss the data in greater detail. BUDGET IMPACT: N/A ATTACHMENTS: Background Material Presentation Apple Valley's Orchard Place draws more retail interest - Minneapolis / St. Paul Business ... Page 1 of 2 SELECT A CITY Crane Watch: An interactive map of Twin Cities developments > LIMITED TIME OFFER Subscribe Now INDUSTRIES & TOPICS }* NEWS LISTS & LEADS PEOPLE & COMPANIES EVENTS MORE... YOUR ACCOUNT Sign In CP. TOUR ACCOUNT FOR THE EXCLUSIVE USE OF BNORDQUIST@CI.APPLE-VALLEY.MN.US From the Minneapolis / St. Paul Business Journal: https://www.bizjournals-com/twincities/news/2019/09/11/apple-valleys-orchard-place-starts-lining-up.html Planned 250,000 f. retail center starts lining up tenants in Apple Valley Sep 11, 2019, 2:02pm CDT Updated: Sep 11, 2019, 10:45pm CDT Leasing is underway on one of the largest retail developments in the Twin Cities, located on a reclaimed portion of a massive Apple Valley gravel mine. Orchard Place, located on Pilot Knob Road between 157th and 155th streets, has letters of intent signed for a restaurant, coffee shops, car wash and a swim school in the development, according to HJ Development Owner Chris Moe. One of the anchors will be Lunds & Byerlys, which plans to purchase a seven -acre parcel in the development and open in 2021. HJ Development will submit a preliminary plat to the city in the coming weeks, and hopes to begin construction on the project's first phase in spring or summer 2020, Moe said. ERDAHL AERIAL PHOTOS An aerial photo of the site of Orchard Place, located on Pilot Knob Road between 157th and 155th streets. The merchandising plan envisions 250,000 square feet of retail space with about a dozen spaces, including a local restaurant and national steakhouse, wireless company, junior box retail and fitness center, and a medical center north of the retail development. Orchard Place is "definitely the biggest [development] we have" right now, Moe said. "It's probably the biggest retail development going on in the Twin Cities." Moe said the rest of the development will be dictated by the market but will likely include industrial uses, multifamily housing and a medical campus. The marketing brochure indicates a new medical campus is proposed just north of the retail development and national steakhouse and local restaurant planned. City officials wanted a master plan for the entire 414 acres, but Moe said that couldn't be committed to, given how large the site is. Target and Hy -Vee are already nearby, as well as a number of other retailers and restaurants. Jim McComb of The McComb Group said Apple Valley has a strong retail market, and there's probably a market for that type of retail. "There's still room for additional businesses in that market," he said, noting a lot of businesses being developed now are relatively small stores, but retailers that have been able to adapt to the new retail climate are still growing and expanding, such as TJ Maxx and Marshalls, while department store chains are shrinking. One potential risk to leasing up the center is the possibility of a U.S. recession, said University of St. Thomas professor emeritus of marketing Dave Brennan. If that happens, he said, retailers could pull back on expansion plans even if they have already expressed interest. https://www.bizjournals.com/twincities/news/2019/09/ 11 /apple -valleys -orchard -place -start... 9/12/2019 Apple Valley's Orchard Place draws more retail interest - Minneapolis / St. Paul Business ... Page 2 of 2 Similar -sized shopping centers typically have a vacancy rate of 10 percent or more, Brennan said. Smaller malls and shopping centers are doing better than larger ones. Service-oriented tenants, like the swim school that are more localized rather than regional, also are showing more strength than conventional retail chains. HJ is under contract to buy 30 acres of the massive 414 -acre site owned by AVR Inc., a company founded by Mathias Fischer, Moe said the company is the largest landowner in Dakota County. Mathias' son, Peter, and his daughter, Liza Robson, run the family business from their headquarters on the site of the old family farm. Fischer Mining continues to mine the remaining land. As the land is gradually reclaimed over the next 15 to 20 years, the mining company plans to sell it for commercial, office and housing developments. Deena Winter Staff writer Minneapolis/ St. Paul Business Journal G , https://www.bizj ournals.com/twincities/news/2019/09/11 /apple -valleys -orchard -place -start... 9/12/2019 Draft 2040 Comprehensive Plan Update Planning Commission Discussion September 18, 2019 Revisiting 2040 with Met Counci1 MBC — a job creation not housing district Credit for the "hot" housing market to 2020 Keeping land use guiding and zoning decisions local with "opportunity areas" Outside the Downtown/TOD areas, move away from high density opportunity if presented "Guiding sufficient land to achieve 1,300 households/decade" MBC Master Plan as Orchard Place Figure 4.2 - Orchard Place Concept CONCEPTUAL Le ND USE DIAGRAM Keel C.... Ram iec .e afeos- Et) 41. ORCHARD PLACE ' APPLE VALLEY, MN l•I.1i .'r. AUGUST 205} 104 any —1 rec...c....n Kimsey>AHarn CITY OF APPLE VALLEY I 2040 Comprehensive Plan Update Land Use 4-6 Apple Valley Housing Unit Calculation Housing Unit Calculation 2017 Household Estimate Met Council 20,149 * Households constructed since 2017 1,470 Units in "Pipeline" to 2020 715 Apple Valley Total Households by 2020 22,334 Forecast to 2040 24,900 * Market opportunity dictates demand/supply and CC/PC support * Actual match to forecasts +/-1,300 households each decade Met Council Estimate of AV Households vs. Apple Valley Projections 25,000 23,300 22,334 20,000 0 N 0 15,000 z 0 `m E 10,000 5,000 0 18,875 21,700 2010 2020 Year 2030 Met Council Estimate —Apple Valley Estimate, Realized and Projected 24,900 2040 Development Opportunities to 2040 ISH 1—� 5 D 7 11 12 H 10 =g 14 9 X20 L1aiii J 15 160th ST W --"-•----------- 13--- 17 77, I� : Legend Unmapped Opportunity Areas JL z 1r r D Z r- m s TOD Transitshed Area II! ILL Transit Supportive Development Area Mapped Development Opportunities Low Density Residential Medium Density Residential _ High Density Residential Suburban Intensive High Density Orchard Path Commercial High Density Low Density Mixed Business Campus 5/1 2,2019 Sufficient land is already guided/zoned (or can be projected in opportunity areas) to result in something like this: mrimpr quir Population Household Households 2010 49,084 18,875 18,875 2020 55,500 21,700 22,334 Realized + Pipeline 2030 59,200 23,300 23,417 Guided + Zoned 2040 63,600 24,900 24,648 — 25,852 Opportunity Areas And, preserve mixed business campus Questions? Discussion ... .... ..... Apple., Valley ITEM: 6.C. PLANNING COMMISSION MEETING DATE: September 18, 2019 SECTION: Other Business Description: Review of Upcoming Schedule and Other Updates Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: N/A SUMMARY: Next Planning Commission Meetings: Wednesday, October 2, 2019 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, September 4, 2019 • Site plan, variance applications due by 9:00 a.m. on Wednesday, September 18, 2019 Wednesday, October 16, 2019 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, September 18, 2019 • Site plan, variance applications due by 9:00 a.m. on Wednesday, October 2, 2019 Next City Council Meetings: Thursday, September 26, 2019 - 7:00 p.m. Thursday, October 10, 2019 - 7:00 p.m. BACKGROUND: N/A BUDGET IMPACT: N/A