A bill for an act
relating to local government; establishing requirements for multifamily residential
developments in cities; proposing coding for new law in Minnesota Statutes,
chapter 462.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For the purposes of this section, the following terms have
the meanings given.
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(b) "Affordable housing development" means a multifamily residential development in
which:
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(1) at least 20 percent of the residential units are for households whose incomes do not
exceed 50 percent of the area median income; or
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(2) at least 40 percent of the residential units are for households whose incomes do not
exceed 60 percent of the area median income.
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The deed or declaration for an affordable residential unit must also contain a restrictive
covenant requiring the property to remain affordable housing for at least 30 years.
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(c) "City" means a home rule charter or statutory city.
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(d) "Residential unit" means a residential dwelling for the use of a single owner or tenant.
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(a) Multifamily residential
developments are a permitted use in any zoning district that is not zoned as industrial or
agricultural, subject to compliance with all municipal standards.
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(b) A multifamily residential development may be mixed use so long as at least 50
percent of the square footage of the development is dedicated to residential use.
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A multifamily residential
development must not be located less than 500 feet from a federal interstate highway, airport,
or rail line. The limitation under this subdivision does not apply to a state trunk highway,
county state-aid highway, or other local road.
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A multifamily residential
development must be approved by a city if it is consistent with the comprehensive plan on
the date of submission and complies with all state and municipal standards.
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(a) A city may not impose more restrictive
standards to a multifamily residential development than those that apply to property zoned
for the current use of the parcel.
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(b) A city must not impose a height requirement on a multifamily residential development
that is less than the tallest structure within a one-quarter mile radius of the parcel on which
the development will be built or the maximum height permitted under the city's official
controls, whichever is higher, so long as the maximum height of the development is no
more than 150 feet.
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(c) A city must not impose a setback requirement on a multifamily residential
development that is less than the smallest minimum setback distance required of a structure
within a one-quarter mile radius of the parcel on which the development will be built.
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A city may not require more than one off-street
parking space per residential unit.
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(a) An affordable
housing development must be permitted to exceed both a maximum height requirement and
a maximum floor area ratio limitation imposed by city official controls as provided in
paragraphs (b) and (c). The authority in paragraphs (b) and (c) that produces the tallest
development with the most number of affordable housing units on the parcel shall be applied
to the affordable housing development.
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(b) An affordable housing development may either:
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(1) exceed the height requirement for the zoning district where the affordable housing
development will be located by 35 feet in height; or
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(2) match the maximum allowed height in any zoning district within one mile of the
affordable housing development, so long as the maximum height is no more than 150 feet.
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(c) An affordable housing development must be permitted to do one of the following,
whichever results in the largest development:
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(1) exceed the maximum density as permitted by city standards or the city's
comprehensive plan by 30 percent;
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(2) exceed the lot coverage ratio by 30 percent;
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(3) exceed the floor area ratio by 30 percent; or
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(4) exceed the maximum impervious lot coverage area by 30 percent.
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(a) Notwithstanding any law, rule, or ordinance
to the contrary, a city must establish an administrative review process for building permit
applications for multifamily residential development projects. The administrative review
process must review and approve or deny such building permit applications based on the
application's conformity with the city's comprehensive plan, other applicable zoning
requirements, and state law. An application may not be approved contingent on the
development being a part of planned unit development, the approval of a conditional use
permit, the completion of a study, or other condition that is not related to conformity with
the city's comprehensive plan, zoning requirements, and state law.
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(b) An application denial must be in writing and must describe the reasons for denial
and the ways the application or development design can be amended to receive approval at
a future date. Nothing in this subdivision prevents an applicant who received a denial from
submitting a new application for the same multifamily residential development, which shall
be treated by the city as a new submission.
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(c) The administrative review process shall not involve a public hearing unless one is
required by state or federal law. Approval or denial of an application does not require
approval by the city council or a subcommittee of the council.
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(d) An application subject to the administrative review process under this subdivision
must be approved or denied within 60 days following the receipt by the city of a completed
application by the applicant. If the city fails to approve or deny an application within 60
days, the application shall be deemed approved. The city may not request an extension for