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pc-agenda-jul-25-22         REGULAR MEETING AGENDA  Planning Commission meetings are being conducted in a hybrid format with in‐person and remote  options for attending, participating, and commenting. The public can make statements in this meeting  during the planned public comment sections. Some members of the Commission may attend virtually.  Members of the public may attend virtually by following instructions below.     Remote Attendance/Comment Options: Members of the public may attend this meeting by watching  on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1‐415‐655‐0001  and entering access code 2453 661 2143.  Members of the public wishing to address the Commission remotely have two options:   • Via web stream ‐ Stream via Webex and use the ‘raise hand’ feature during public comment  sections.   • Via phone ‐ Call 1‐415‐655‐0001 and enter meeting code 2453 661 2143. Press *3 to raise your  hand during public comment sections.    1. Call to Order & Land Acknowledgement    2. Approval of Agenda    3. Informal Public Hearing – Zoning Text Amendments for THC Product Sales  Applicant: City of Golden Valley    4. Discussion – ADUs ‐ Survey Discussion    – End of Televised Portion of Meeting –  To listen to this portion, please call 1‐415‐655‐0001 and enter meeting access code 2453 661 2143.    5. Council Liaison Report    6. Other Business  a. Reports on Board of Zoning Appeals and Other Meetings    7. Adjournment  July 27, 2022 – 6:30 pm  Council Chambers  Hybrid Meeting  1 Date: July 25, 2021 To: Golden Valley Planning Commission From: Myles Campbell, Planner Subject: Zoning Text Amendments for THC Product Sales Summary Following a recent change in state statute, the City Council has directed the Planning Commission to examine new zoning regulations to regulate products containing Tetrahydrocannabinol (THC). This memo provides a brief summary of the new rules surrounding THC products and suggests a path forward regulating these uses under zoning using a similar methodology as for tobacco products. Legislation Overview The Minnesota legislature recently passed a law regulating the sale of food and beverage products containing hemp-derived cannabinoids, including tetrahydrocannabinoids (THC). This law was the result of a 2018 federal law and 2019 state law allowing the production, sale, and possession of hemp products. As a result of the 2018 and 2019 laws, products containing THC were for sale in Minnesota prior to the 2022 Minnesota law change. However, the 2022 law clarified that the sale of food and beverage products containing THC is permissible in Minnesota and press coverage of the law change has the potential to increase the demand for such products. According to the League of Minnesota Cities, “Previous law authorized a product containing nonintoxicating cannabinoids to be sold, but the authority to sell edible CBD products was unclear. The new law expands the authority to include nonintoxicating cannabinoids, including edible cannabinoid products, provided they do not contain more than 0.3% of any THC. An edible cannabinoid product also cannot exceed more than five milligrams of any THC in a single serving, or more than a total of 50 milligrams of any THC per package.” 2 While the law makes it legal to sell these products and sets requirements for labelling, testing and marketing, it does not set a statewide licensing standard and leaves regulation on sales largely to local municipalities. City Council Discussion The topic of expanded THC product types was first discussed by the Golden Valley City Council at their July 12th work session and then at the July 19th regular meeting. Initial discussions considered the possibility of a moratorium on sales for any product containing THC, however this option raised concerns about impacting existing businesses that are already selling these products. At the July 19th meeting, instead of enacting a moratorium, the Council adopted the first consideration of a licensing ordinance and directed planning staff to add consideration of a zoning ordinance to the next Planning Commission agenda. Staff has had the opportunity to sit in on some meetings between other communities’ staff and leadership, and various groups interested in the topic, such as the Municipal Legislative Commission. It is understood that this law will be a topic of further revision and action in the 2023 state legislative session. Knowing that next year’s legislative session is at least one year out, staff proposed that the City enact some degree of local control via zoning restrictions on where THC products could be sold and a licensing requirement for such businesses. At the same time, because the state statute may be revised in the near future and that work may make a city license irrelevant, staff also thought that there should be an emphasis on putting the zoning and licensing solutions into place quickly, and therefore should utilize work from previous code changes, most notably tobacco. Zoning and Licensing THC In 2019 and 2020, the City added new regulations to the City Code regarding tobacco retailers. First, it established a licensing requirement for stores that sold tobacco and with that set a cap on the total number of license holders, as well as banning menthol and other flavored tobacco products. From the zoning perspective, the Planning Commission recommended limiting new tobacco retailers to the Commercial zoning district and requiring that such users be 500 feet from a youth-oriented facility, which was defined in code as “a school, park, athletic field, or playground.” The City Council would now like to largely use the tobacco ordinances as a solution to the THC sales question. While licensing may require more revision, in theory translating the zoning restrictions from tobacco to THC are straightforward and get at the principal concern of the City Council which is to provide a buffer between these uses and schools. The Council has directed the Planning Commission to act quickly on a recommendation regarding a zoning ordinance because, under zoning and land use law, the City cannot establish a zoning regulation and then retroactively apply it to nonconforming users. If a business is operating legally in a location that is later made illegal under the zoning code, the City cannot force that user to close and relocate. Rather, the retailer would have legal protection as a legally 3 nonconforming use. Therefore, the sooner the City regulates the location of THC product sales, the less opportunity there is to establish new nonconforming uses. If the City were to wait a year until the legislature establishes further clarity around THC sales, there is the possibility that additional stores will open in the meantime. In terms of code changes, staff recommends revising three zoning code: • Sec. 113-1. Definitions o Add a definition of THC Product Retailers • Sec. 113-87. Summary Use Tables o Add THC Product Retailers as a restricted use to the Commercial zoning district • Sec. 113-92. Commercial Zoning District o Add a 500 foot buffer from youth facilities as well as language around multi-use buildings to a THC product restriction At the request of the Council, staff has brought this item forward as an informal public hearing. While moving more quickly than is our standard procedure, staff supports the Council’s desire to consider these changes on an expedited timeline. If recommended tonight for Council to consider, the zoning ordinance would be in front of Council as soon as its second meeting in August, which allows for time to put the required notice in the SunPost and to post the proposed ordinance online. Staff is also less concerned with the faster timeline given that it is based in large part on the earlier analysis of the Planning Commission for tobacco. The 500 foot buffer was not arbitrarily set and Commissioners will recall that many other iterations of the attached map were similarly produced, some with buffers around only schools, some including churches, and ranging in distance from 250 to 1,000 feet. Given the circumstances, staff is recommending that the Planning Commission vote on the proposed text amendments and forward them to the City Council. Staff is in any tweaks to the analysis you may have or if you have any thoughts on a broader ordinance discussion around THC products that could be revisited when there is less urgency to put new regulations in place. Action Request Recommend approval of draft language for a zoning text amendment regarding the sale of products containing Tetrahydrocannabinol (THC). Attachments Draft Zoning Text Revisions (1 page) THC Sales Restriction Map (1 page) Cities and Regulation of Edible Cannabinoid Products (11 pages) Underlined/Overstruck Language for THC Product Sales Zoning Code Text Amendments Sec. 113-1. - Definitions. THC Products: Any product that contains tetrahydrocannabinol and that meets the requirements to be sold for human or animal consumption under Minnesota Statutes, section 151.72. ……. Sec. 113-87. - Summary Use Tables. Table 87-2 Economic and Business Land Uses Land Use Description C LI I O Retail establishments that sell THC products R X X X ……. Sec. 113-92. - Commercial Zoning District. (e) Restricted Uses. The following restricted uses shall be permitted within the Commercial Zoning District: (1) Retail establishments that sell THC products, as defined in City Code, section 16-158, provided the following restrictions are observed: a. The retail establishment shall be located not less than 500 feet from all youth-oriented facilities, as measured at the lot line. b. In the case of a multi-use building, distances from the retail establishment shall be measured from the portion of the structure occupied by the retailer. (2) ... Cities and Regulation of Edible Cannabinoid Products Published: July 15, 2022 A new law was enacted at the end of the 2022 legislative session that allows certain edible and beverage products infused with tetrahydrocannabinol (THC) to be sold. Since the enactment of the law, the League of Minnesota Cities has been researching and collecting information from state agencies and stakeholders to answer questions pertaining to local regulatory authority, law enforcement, taxing, and employment. The following frequently asked questions (FAQ) aim to provide information to cities on the new law to assist local governments in making decisions related to the law. The League will continually update the information below as necessary. (Updated July 20, 2022) Get answers to FAQs regarding the new law allowing certain edible and beverage products containing THC extracted from hemp to be sold. General information Q1. What does the new law do? Q2. Under the new law, where are edible cannabinoids allowed to be sold? (Updated July 20, 2022) Q3. Could my cityʼs municipal liquor store sell the edible cannabinoid products? (Updated July 20, 2022) Q4. What regulations are in place for packaging for edible cannabinoids? Q5. Are these products legal under federal regulations? Q6. Where do the edible cannabinoid products come from? Q7. How are the new products taxed? Enforcement and public safety Q8. How is the new law enforced? Q9. What are penalties for someone who violates? Q10. How do our officers determine if a driver is under the influence of these new products? Q11. Could cities prohibit the sale of edible cannabinoids entirely? (Updated July 19, 2022) Q12. Is our city required to adopt regulations under the new law? City Licensing Q13. What authority do cities have regarding licensing the sale of edible cannabinoids? Q14. What types of restrictions should we consider in regulating cannabinoids? (Updated July 19, 2022) Q15. Can a city add edible cannabinoid products to its existing tobacco licensing program? Q16. If our city licenses edible cannabinoid products, how much can we charge as a license fee? Zoning Q17.What authority do cities have regarding zoning for where the products could be sold? (Updated July 19, 2022) Q18. Could cities adopt a moratorium prohibiting the sale, manufacturing or, distribution of cannabinoids so it can study the issue? City employment and personnel issues Q19. Does the new Minnesota legal cannabinoid law change anything about how we do drug testing for CDL holders? Q20. Does the new law change anything related to employees who carry a firearm? Q21. Are there now “acceptable” limits of cannabinoids for non-CDL employees for purposes of drug testing at work (i.e., those we test under state drug and alcohol testing law)? Q22. Can we still prohibit employees from being under the influence of cannabinoids while at work? Does the League have a model policy with updated language? Q23. Can employees be in possession of edibles or other cannabinoid products while at work? Q24. Do we need to change anything in our collective bargaining agreement with regard to discipline of employees who use cannabinoid products? Q25. Can employees use cannabinoid products off-duty? Q26. How does this impact the requirements of the Drug-Free Workplace Act? Q27. Should my city still continue to include marijuana as a pre-employment panel screen for my Non-DOT employees? (Updated July 19, 2022) General information Q1. What does the new law do? A1. It is now legal to sell certain edibles and beverages infused with tetrahydrocannabinol (THC), the cannabis ingredient extracted from hemp. The new law was passed by the Legislature as part of Chapter 98. Article 13 makes several changes to Minnesota Statutes, section 151.72 regarding the sale of certain cannabinoid (CBD) products. The changes took effect on July 1. The new law amends the scope of sale of any product that contains cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended for human or animal consumption. Previous law authorized a product containing nonintoxicating cannabinoids to be sold, but the authority to sell edible CBD products was unclear. The new law expands the authority to include nonintoxicating cannabinoids, including edible cannabinoid products, provided they do not contain more than 0.3% of any THC. An edible cannabinoid product also cannot exceed more than five milligrams of any THC in a single serving, or more than a total of 50 milligrams of any THC per package. Q2. Under the law, where are edible cannabinoids allowed to be sold? A2. The new law does not limit where edible cannabinoids products may be sold. However, certain businesses by their nature maybe be limited on their ability to sell the products. Liquor stores, for example, are limited to selling specific items set by Minnesota Statute, section 340A.412, subd. 14. The Alcohol and Gambling Enforcement Division (AGE) of the Minnesota Department of Public Safety has advised the League of Minnesota Cities that products containing CBD, hemp, or THC are not allowed for sale at an exclusive liquor store. In addition, AGE has informed LMC that a liquor storeʼs ability to sell food pursuant to Minnesota Statute, section 340A.412, subd. 14 (b), does not include edible cannabinoid products. Q3. Could my city ’s municipal liquor store sell the edible cannabinoid products? A3. Liquor stores are limited to selling specific items set by Minnesota Statute, section 340A.412, subd. 14. The Alcohol and Gambling Enforcement Division (AGE) of the Minnesota Department of Public Safety has advised the League of Minnesota Cities that products containing CBD, hemp, or THC are not allowed for sale at an exclusive liquor store. AGE has advised LMC that CBD, hemp, or THC infused beverages are not intended to be mixed with alcoholic beverages and are not considered so drinks. In addition, AGE has informed LMC that a liquor storeʼs ability to sell food pursuant to Minnesota Statute, section 340A.412, subd. 14 (b), does not include edible cannabinoid products. Due to this guidance, LMC recommends cities refrain from selling such products at their municipal liquor stores. Q4. What regulations are in place for packaging for edible cannabinoids? A4. Along with testing and labeling requirements, an edible cannabinoid must meet several requirements, including that it: Not bear the likeness or contain cartoon-like characteristics. Not be modeled aer a brand of products primarily consumed or marketed to children. Not be made by applying an extracted or concentrated hemp-derived cannabinoid to a commercially available candy or snack food item. May not contain an ingredient, other than a hemp-derived cannabinoid, that is not approved by the federal Food and Drug Administration. May not be packaged in a way that resembles any commercially available food product. Must not be packaged in a container that could reasonably mislead any person to believe that it contains anything other than an edible cannabinoid product. Q5. Are these products legal under federal regulations? A5. The 2018 Farm Bill made several changes to federal law related to hemp. Under the law, hemp was removed from the controlled substance act, including derivates, extracts, and cannabinoids, provided those substances contained less than 0.3% THC concentration. Pursuant to the Farm Bill, Minnesota has legalized the production of hemp through its industrial hemp program. Although hemp extracts that meet the mandated THC level are no longer controlled substances, the Farm Bill did not alter the authority of other federal agencies, including the Food and Drug Administration (FDA) from regulating hemp and hemp byproducts. Under current FDA regulations, CBD or THC products cannot be sold as a dietary supplement and cannot be added to food for humans or animals. Q6. Where do the edible cannabinoid products come f rom? A6. Under current law, these products can be manufactured in Minnesota but also imported from other states. Growing hemp in Minnesota is governed by the Department of Agriculture, though the MDA Hemp Program does not regulate cannabis extracts, development and manufacturing of cannabis extracts, or the retail and marketing of cannabinoid products. Cities may want to consider zoning implications for manufacturing and production of cannabinoid products. Q7. How are the new products taxed? A7. It is the understanding of LMC that edible cannabinoid products legalized under the new law are subject to Minnesota sales tax. LMC is waiting for more guidance from the Minnesota Department of Revenue to determine if any exemptions apply. The new law does not authorize cities to tax the products in their communities, however LMC is waiting on more information as to whether the products would be subject to a local food and beverage tax. Return to top of page Enforcement and public safety Q8. How is the new law enforced? A8. The Minnesota Board of Pharmacy has regulatory authority over drug products that are implicitly or explicitly intended for human or animal consumption. This includes products regulated in the new law. If a product does not meet all the requirements of the new law, the product may be considered misbranded or adulterated. The sale of a misbranded or adulterated product is a misdemeanor-level crime which is to be prosecuted by the county attorney where the offense took place. Questions regarding whether a specific product deviates from the requirements of the new law should be forwarded to the Minnesota Board of Pharmacy. In addition, the new law limits the sale of CBD and THC products to persons over the age of 21. The sale of CBD and THC products to a person under the age of 21 is a misdemeanor-level crime which is to be prosecuted by the county attorney where the offense took place. Cities will need to work with local law enforcement and the county attorney to determine how to enforce this requirement. If cities desire to further regulate CBD and THC products within their jurisdiction, they will need to work with their city attorney to adopt local regulations. The League is working with the Minnesota Chiefs of Police Association and Minnesota Sheriff ʼs Association to understand potential implications for law enforcement and identify additional questions pertaining to the enforcement of these new products along with employment related questions for law enforcement. Q9. What are penalties for someone who violates? A9. A violation of the new law is a misdemeanor. In most cases, the county attorney is charged with prosecuting these violations. Q10. How do our ofcers determine if a driver is under the inuence of these new products? A10. The new law does not change the current rules relating to driving under the influence of a cannabinoid. Officers should use the same process to determine sobriety as they have used if they suspected a driver was under the influence of marijuana. Q11. Could cities prohibit the sale of edible cannabinoids entirely ? A11. In most states that have adopted adult use cannabis legislation, local governments are given the option to either opt-in or opt-out of cannabis in their communities. This framework helps to maintain local control of the cannabis issue. The new Minnesota law does not provide such an option. Therefore, the new law makes the new cannabinoid products legal in every city throughout the state. Without a clear opt-out option, the question as to whether a city could completely prohibit the sale of edible cannabinoids is an open question. One potential approach would be to follow the Minnesota House Researchʼs suggestion to LMC that it may be possible for a city to classify cannabis edibles containing THC as an intoxicating cannabinoid and therefore would not be allowed under the new law. Arguments have also been made that a city may be able to prohibit the sale of edible cannabinoids products under its authority to provide for the health safety and welfare of its community. If a city were to attempt to prohibit edible cannabinoids under this authority, it would need to work with its city attorney to develop findings that clearly show the dangers of edible cannabinoids products and the need to prohibit the products. Cities may want to look at communities that have banned the sale of flavored tobacco products as a model for such prohibitions. Q12. Is our city required to adopt regulations under the new law ? A12. The new law does not require cities to take action in regulating the new products. If a city chooses not to adopt additional regulations, the sale and production of these new products will be governed by the cityʼs existing zoning and other regulations. In addition, the new law gives local law enforcement power to enforce violations as a misdemeanor. Return to top of page City licensing Q13. What authority do cities have regarding licensing the sale of edible cannabinoids? A13. A cityʼs authority to license comes from either a specific grant of authority from the Legislature or from its authority to provide for its general health, safety, and welfare. When a city official proposes local licensing of any activity or occupation, a city first must determine whether the state already licenses that activity and, if so, whether the law forbids or allows a local license. Q14 . What types of restrictions should we consider in regulating cannabinoids? A14. If a city decides to regulate edible cannabinoids or other cannabinoid products, the types of regulations can vary from city to city. Some items a city may consider when draing these regulations include: What areas of the city edible cannabinoids may be sold or manufactured or distributed. What business should be allowed to sell edible cannabinoids. Age of person selling the product. Location of products within retail establishment. Pop-up sales. Transient merchants. Vending machines. Distance from other uses (schools, parks, residential, etc.). Distance between retailers. Delivery services. Online sales. Limit number of establishments within the city. Age verification. Hours. Background checks. Q15. Can a city add edible cannabinoid products to its existing tobacco licensing program? A15. The requirements and legal authority for tobacco products are unique to those products. While some aspects of tobacco regulations may be used when regulating edible cannabinoid products, the products and the authority to regulate them are quite different. If a city chooses to license edible cannabinoid sellers, it would be best to do so separately from tobacco regulations or be sure to carefully dra new language in an existing ordinance that follows the unique requirements of the new law. Q16. If our city licenses edible cannabinoid products, how much can we charge as a license fee? A16. When setting fees, cities should consider a number of things. First, cities should not view municipal licensing as a significant source of revenue. License fees must approximate the direct and indirect costs associated with issuing the license and policing the licensed activities. License fees that significantly exceed these costs are considered unauthorized taxes. This means a license fee may not be so high as to be prohibitive or produce any substantial revenue beyond the actual cost to issue the license and to supervise, inspect, and regulate the licensed business. Return to top of page Zoning Q17.What authority do cities have regarding zoning for where the products could be sold? A17. Nothing in the new law limits a cityʼs zoning authority related to CBD and THC products. No Minnesota court has interpreted the limits on zoning authority in this context, but at least one court in another state has ruled that a state law related to cannabis did “not nullify a municipalityʼs inherent authority to regulate land use under [state] law so long as the municipality does not prohibit or penalize all medical marijuana cultivation … and so long as the municipality does not impose regulations that are unreasonable and inconsistent with regulations established by state law.” DeRuiter v. Township of Byron, 505 Mich. 130, 949 N.W.2d 91 (2020). It is unknown if a Minnesota court would come to the same conclusion. Cities should be thoughtful and intentional about how zoning regulations related to cannabinoid products affect their communities and work with their city attorney to determine what, if any, zoning restrictions should be adopted. Cities will need to consider not only zoning regulations related to retail sales of CBD and THC products but also the manufacturing and production of the products within the city. Unless specifically differentiated in a zoning ordinance, a cityʼs general manufacturing and production zoning provisions will likely apply to CBD and THC production as well. Q18. Could cities adopt a moratorium prohibiting the sale, manufacturing or, distribution of cannabinoids so it can study the issue? A18. A moratorium is a tool cities use to pause specific uses in order that the city may study the issue in anticipation of future regulations. A moratorium is limited to a period of one year. To adopt a moratorium, a city must follow the procedures in Minnesota Statute, section 462.355, subd. 4. The statute specifies the specific instances where a city may adopt a moratorium. If a city were to adopt a moratorium prohibiting the sale or manufacturing of edible cannabinoid products, it should work with its city attorney to clearly state the legal justification for the moratorium. If a city does adopt a moratorium, it must actually review and study the issue or meet one of the other requirements of the statute. More information on moratoriums can be found in the LMC Zoning Guide for Cities. Return to top of page City employment and personnel issues Q19. Does the new Minnesota legal cannabinoid law change anything about how we do drug testing for CDL holders? A19. No, cities with positions requiring an employee to hold a commercial driverʼs license (CDL) will recall these positions are regulated by federal law, and those regulations are supervised by the Federal Department of Transportation (DOT). Federal law preempts state law related to cannabinoid use; in fact the DOT states in its DOT Recreational Marijuana Notice it does not authorize the use of Schedule I drugs, including marijuana, for any reason. As a result, cities should continue to follow their drug-testing procedures related to CDL holders and may enforce prohibitions against any use of cannabinoids for CDL holders, regardless of state law protections. Cities can find more information on the effects of the new law on drug testing in the LMC Drug and Alcohol Testing Toolkit, starting on page 22. Q20. Does the new law change anything related to employees who carry a rearm? A20. No. Public safety employees who carry a firearm cannot lawfully use cannabis under federal law. Federal law prohibits cities from providing firearms or ammunition to an employee it knows or has reason to think is using cannabis. Q21. Are there now “acceptable” limits of cannabinoids for non-CDL employees for purposes of drug testing at work (i.e., those we test under state drug and alcohol testing law)? A21. There isnʼt a clear answer, since THC can remain in the body for several weeks aer usage (and long aer any intoxicating or impairing effects have since disappeared), so positive test results may not indicate any wrongdoing on the employeeʼs part and may just be evidence of an employeeʼs lawful actions done outside of work. The League of Minnesota Cities recommends that employers thoroughly document any suspicions of an employee being under the influence and to work closely with their city attorney(s) before taking any action against the employee. With this new area of law, a city may want to avoid relying on the results of traditional tests that detect metabolites remaining in a personʼs body (for many days or weeks aer using marijuana) and instead focus on implementing reasonable-suspicion drug-testing protocols to detect marijuana intoxication based on behavioral observations. Keep in mind, employers may prohibit all employees from being under the influence while the employee is working. That would include employees who operate vehicles. Employers may want to revise their policies to clarify that employees still may not be under the influence of cannabis, legal or otherwise, while at work. The National Drug-Free Workplace Alliance offers a toolkit to help employers work through the complex and confusing issue of marijuana and the workplace. Q22. Can we still prohibit employees f rom being under the inuence of cannabinoids while at work? Does the League have a model policy with updated language? A22. Yes, employers can continue to prohibit employees from being under the influence of cannabinoid products, including edibles, while at work. Although employersʼ obligations and restrictions related to marijuana use vary widely across the states, there is no law we are aware of that requires employers to allow cannabinoid use during work hours or to allow an employee to report to work impaired. Thus, employers may continue to maintain drug-free policies at the workplace and discipline employees who use cannabinoids during working hours or who report to work impaired. In fact, one could argue that under the Occupational Safety and Health Administrationʼs (OSHA) General Duty Clause of the Occupational Safety and Health Act, employers are required to furnish a workplace free from recognized hazards that are likely to cause serious physical harm. This provision of the Act is typically used in accident cases where toxicology screens are positive. OSHAʼs new electronic recordkeeping rule, clarified on 10/11/2018, states “If the employer chooses to use drug testing to investigate the incident, the employer should test all employees whose conduct could have contributed to the incident, not just employees who reported injuries,” with respect to using drug testing to evaluate the root cause of a workplace incident that harmed or could have harmed employees. Thus, if a city has a non-DOT drug-testing policy in place, a protocol following this guidance is important. The League has a Non-DOT Drug and Alcohol Testing and Drug-Free Workplace Act model policy that has been updated initially, and will be continually updated as the League learns more. Q23. Can employees be in possession of edibles or other cannabinoid products while at work? A23. Cities may enact policies prohibiting employees from bringing cannabinoid products, including edibles, to work. Q24. Do we need to change anything in our collective bargaining agreement with regard to discipline of employees who use cannabinoid products? A24. No, but ensure your cityʼs drug-testing policy has been updated and your supervisors are trained on the behavioral signs and symptoms associated with impairment. Of course, if the collective bargaining agreement includes language that policy changes need to be negotiated, then there would need to be a meeting with the union if the cityʼs policy changes. Q25. Can employees use cannabinoid products off- duty ? A25. It depends. Certain types of employees, such as law enforcement officers and other employees issued firearms and ammunition as part of their jobs, are subject to regulations from the federal Bureau of Alcohol, Tobacco and Firearms, which prohibits firearms and ammunitions to be given to individuals who do or are believed to use illegal drugs. As noted above, city positions required to hold a commercial driverʼs license are subject to Department of Transportation regulations and are not authorized for the use of Schedule I drugs, including marijuana, for any reason. Thus, these types of employees could be prevented from using cannabinoid products both on and off duty. Other employees who are not subject to that or other federal regulations would likely be able to use cannabinoid products while they are off duty, as there is nothing under Minnesota law which prohibits certain classes of employees from using cannabinoid products off duty, as long as they are not impaired at work. If there are any questions regarding whether an employee could be prevented from using cannabinoid products while off-duty due to federal regulations, please consult your city attorney before any action is taken. Q26. How does this impact the requirements of the Drug-Free Workplace Act? A26. It does not. The Drug-Free Workplace Act of 1988 (DFWA) requires federal grantees and contractors to implement a drug-free workplace policy and establish a drug-free awareness program as a precondition for receiving a federal grant or a contract. However, the DFWA does not require covered employers to test employees for drugs or terminate them for drug-related violations, so the new Minnesota state law does not impact the DFWA directly. Minnesota law allows employers to prohibit employees from bringing legal cannabinoid products to work and permits employers to prohibit employees from being under the influence while at work. It would be best practice for cities with drug-free work policies to keep those in effect. If a city wishes to do so, it can update its policy to include lawful cannabinoid products within its scope. Q27. Should my city still continue to include marijuana as a pre-employment panel screen for my Non-DOT employees? A27. That is for each city to decide for itself. Because currently there are no devices or blood tests available that measure marijuana impairment, and because a best practice approach for Non-DOT marijuana drug testing is to base testing on behavioral observations, some employers are excluding marijuana from their pre-employment Non-DOT drug screens. Some states even prohibit an employer from refusing to hire an applicant simply because of a positive drug test, but Minnesota is currently not one of these states at this time. Any city that chooses to continue to test for THC for Non-DOT positions must be aware of the fact that these substances may remain in an individualʼs system for weeks aer the impairing effect of the drug has worn off. Thus, it will be difficult, if not impossible, to determine whether the positive test indicates usage in violation of the cityʼs drug-free workplace policy or indicates lawful usage during an employeeʼs time-off from work. Cities should consult with their city attorneys prior to taking any action based upon a positive drug test for THC. Return to top of page Your LMC Resource Research & Information Service staff members are ready to help you apply their broad knowledge to the issues youʼre dealing with today. Access online form to submit a question, or call us: (651) 281-1200 or (800) 925-1122 Date: July 25, 2021 To: Golden Valley Planning Commission From: Myles Campbell, Planner Subject: Accessory Dwelling Units – Survey Discussion Summary The City Council has directed the Planning Commission to examine new zoning regulations to allow for Accessory Dwelling Units within the R-1 and R-2 residential zoning districts. This memo will focus on a brief summary of the online survey that was conducted on ADUs over May/June. Golden Valley Communications staff compiled a full report on the results of this survey, a first draft copy of which has been attached with this memo. Survey Overview The survey ran from May 25-July 2, and over that time collected 307 responses. The survey application did limit respondents by their IP address, only allowing 1 response per IP. Marketing for the survey included the article in the May/June issue of CityNews, articles on the City website, and two social media reminders. Of 307 participants, 302 completed the demographics questions at the end of the survey, which meant a very high rate of completion. In terms of demographics, respondents were mostly spread through all 4 quadrants of the city (with 6 respondents answering they did not currently live in the city.) While the amount of responses were uneven between quadrants, this is likely also due to the area covered and amount of homes in each Quadrant. 2 Figure 1: Quadrant Response Rates Almost 90% of respondents answered that they lived in a single-family home currently, and the majority of those owned said home. This is expected, one because of Golden Valley having a high proportion of single-family housing to start, and because ADUs are designed and planned for single-family parcels if added to code. Staff would’ve liked to see more participation from renters or multi-family housing residents, who might be potential users for ADUs, but we did get good feedback in other parts of the survey on use for housing family members. In terms of age demographics represented in the survey, the two most common categories were ages 30-50 (53%) and 50+ (50%). Note these are not restricted to the person answering the survey, as the question asked which age groups were represented in households. While a smaller proportion of survey respondents had children in their household, all households with under 18s made up over 30% of respondents. The majority of survey participants noted that they had only heard about the concept of ADUs within the last few years (52%), with some participants noting that the city newsletter article was their first time hearing about the topic. 39% 29% 22% 8% 3 Under the category of “other” ways to hear about ADUs, some common responses included hearing about it from a friend, family, realtor, or church community. Survey Data Summary Staff received this report shortly before Commissioners and are still parsing through the full range of comments on the survey, but wanted to provide some of the initial takeaways here in a summary prior to the meeting. Staff also encourages the Commission to read through the full report if they can prior to discussion at the meeting, in order to be able to raise thoughts/questions in the moment. At a high-level, the survey results show a slight preference towards ADUs, but far from an outright majority. For example, question 5 asked respondents directly if they would consider building an ADU if they owned a home. 4 All four options had some participation, but none had an outright majority on their own. Both pro-build options made up a combined majority, at approximately 59% of respondents who were leaning or would definitely be interested in building an ADU. Anti-build options were approximately 42% of responses. This question was somewhat indicative for other responses as well. We have two groups on either extreme of the discussion, and a large portion of people in the middle who have yet to make up their mind, or who’s ultimate opinion depends on how ADUs are implemented. This is shown clearly in question 4, which asked participants about detached ADUs specifically. While supporters of detached ADUs were the largest group at 40% of respondents, the next most common response were those people who were on the fence and wanted to know more about 5 regulations at 34%. Taking the time to put together regulations which ensure high quality ADUs will be critical in meeting the expectations for this group of participants who are undecided on at least detached ADUs. Returning to question 5, which asked whether participants would consider building an ADU. This question was one of the few in the survey with logic associated and which led to branching questions depending on the participants response. Participants who responded “definitely no” were asked why they would not consider building an ADU, and then whether they thought others should be allowed to build ADUs. As to reasons why people were uninterested in building an ADU, some people answered that they did not think their lot was suitable for an ADU, either because of its size, layout, or existing demand for parking for family members. Others also noted they had no need for one themselves. Other participants noted that they were unsupportive of ADUs more broadly, and had concerns around the impacts of the new use around potential issues of traffic, loss of open space, and concerns around rental units. On whether they would be supportive of other residents building ADUs, 57 of the 79 participants asked this question said they were not supportive, with a much smaller group either being comfortable with others building ADUs, or being undecided without further information on the code requirements. For participants who answered question 5 with either: definitely yes, leaning yes, or leaning no, they received a follow up question asking them why or for what reasons they would consider an ADU. 6 Most commonly listed by a wide margin was housing an aging parent or relative, which was selected by 159 out of the 226 responses, 70%. Next most common was to use the ADU as a guest house w/ a kitchen (45%), to house an adult child (43%). Using the ADU as a rental unit was listed in approximately a third of all responses, and the multiple choice nature of this question means that folks may be planning for multiple future uses, such as housing an aging parent in the immediate term before using it as a rental in the future. Questions 9 and 10 both addressed the question of added density associated with ADUs. Question 9 asked whether residents were concerned about additional density, and like with previous examples, participants were split. 7 53% of participants said they were either “not so concerned” or “not at all concerned”, with 39% being “extremely concerned or “very concerned” Question 10 provides a bit more detail as to areas of specific concern. The two most commonly selected options were parking/traffic and increase in activity. After these options was a response that the participant was not concerned, followed up by visual 8 appearance of the ADU and increasing impervious surface cover. A write in option was also provided. Many of the responses here highlighted a concern around rental units and crime/safety, with another set being concerned as to whether city infrastructure such as utilities, parks, and trails could support additional population. A small number of write in responses used the space to support added density. Finally, question 3 was a slightly different format from the multiple choice options otherwise presented in the survey, and was intended by staff to highlight which aspects of ADU code would need the most vetting or which had the greatest interest from the public. In a hypothetical scenario where a neighbor was building an Accessory Dwelling, participants were most interested or concerned in the quality and exterior finish of the ADU, followed by: setbacks, stormwater runoff, construction impacts, parking, height, notice for the project, the eventual user of the ADU, and finally the square footage of the unit. While all these aspects will need to be regulated in some fashion under zoning code or another part of city code, it is important to analyze how these priorities from residents should be reflected in code. Staff Analysis From the survey, and with the caveat that we are looking at a sample of the Golden Valley residential population (geographically diverse, majority single-family, majority middle-aged and older), we can begin to look at next steps. In reading written comments especially, it is easy to tell how important this topic is all residents, both those for and against ADUs. The challenge 9 moving forward is to find the balance between these interest groups, managing the concerns of residents around parking, stormwater, and visual appearance, and providing a clear process and ordinance for those that wish to pursue a project. From questions 3, 6, and 10 especially we have a better idea now of what concerns residents will have around ADUs in their neighborhood. • Visual Appearance and location o Is the ADU built and maintained to a quality that won’t detract from other properties? Is there enough space on the lot or sufficient setbacks that the ADU won’t infringe on privacy? • Stormwater o How will the added hardcover from an ADU be managed, what amount of open space per lot is preserved? • Parking o Will off-street parking be provided for the added residents and avoid spillover into street parking? • Construction and notice o How will residents learn about ADU projects, how will construction occur? • Rental units o How will secondary units be regulated under rental licensing, property maintenance; what happens in case of sale? While some of these areas of concern begin to extend outside the control of zoning code, particularly in the case of construction impacts and fears around renters, staff is otherwise confident these concerns can be met and accounted for by code. Many of these topics are the same that have been under discussion by Commission already, such as setbacks or stormwater runoff. Given the survey feedback, additional regulation on visual appearance requirements may be a good idea to include in the code, as well as potentially upping the overall parking requirement if it is an area of significant concern for residents. Fortunately, in some cases these concerns are already addressed in the draft code. For example, the Planning Commission has thus far not considered any exception or waiver from the lot cover and impervious surface requirements for R-1 and R-2 zoned properties. That means an ADU is subject to the same regulations as any other remodeling project in terms of the maximum allowed hard surface on a lot. Recent discussion around setbacks for detached ADUs are also very much in line with residents concerns around location of these structures: not allowed in front yards, set back from property lines to protect privacy, etc. In addition to learning about resident concerns around ADUs, it is reassuring to learn more about the intentions of residents interested in ADUs and to see that there is significant interest for this type of housing. Question 8 and its responses confirmed some of the anecdotal conversations staff has had with residents on the topic, and that by far the most common stated reason to build an ADU would be to house an aging family member. In question 11, we saw some additional reasoning for allowing ADUs, with residents noting it was allowed in almost all adjacent 10 communities, that they wanted to see greater flexibility in housing options, and again that they supported the idea because of the need to house aging family. Survey Improvements While extremely useful to gauge resident interest and beliefs around ADUs, the survey was also good practice in engagement for Planning and there are also takeaways for future surveys: • Length of survey seemed good, 302 out of 307 participants completed the entire survey rather than dropping off partway • Multiple participants noted they’d have preferred questions not use “interested/concerned” because they were either interested in ADUs or concerned about ADUs, not both • For question 2, “other” was one of the most common responses, a category of “From a friend or relative” might have collected a more useful data point • Branching questions got at lots of good information (questions 6-8) could use more of these in the future, as the additional questions shouldn’t add to survey length if they only appear for certain responses. This was the first major online survey for a zoning code update in some years. Staff is open to more feedback from Commissioners and Communications staff also requested any feedback on the report format itself. Action Request This item is not a public hearing or voting item. Attachments Golden Valley ADU Survey Report (30 pages) Accessory Dwelling Units COMMUNITY INPUT REPORT Accessory Dwelling Unit Community Input Report Page 1 Contents Overview…………………………………………………………….………………2 ADU Knowledge And Opinions…………………………..…………………….… 3 Demographics………….………………………………………………….……....22 Appendix A: Social Media Reach And Engagement…………………….…….26 Appendix B: Additional Community Feedback…………………………………28 Accessory Dwelling Unit Community Input Report Page 2 Overview Soliciting public input was a major component of the Golden Valley Planning Commission’s consideration of Accessory Dwelling Units (ADUs). Staff solicited input from the community through an online survey regarding: • ADU allowance • ADU concerns • interest in building ADUs To promote the survey and the issue, the City published a news story in the May/June issue of CityNews and multiple online news stories. All information included links to the online survey. The City further promoted the survey and issue through social media posts on Facebook, Twitter, and NextDoor. Online Survey The survey was active from May 25–July 2, 2022, was limited to one response per IP address, and had 307 responses. See survey responses starting on page 3. Social Media Outreach The City posted information and reminders about the the survey two times on Facebook, Twitter, and NextDoor between May 26, 2022 and June 15, 2022. See Appendix A for reach and engagement details for each post. Additional Community Feedback See Appendix B for additional feedback submitted to the City. Accessory Dwelling Unit Community Input Report Page 3 ADU Knowledge And Opinions 1. When did you first learn about ADUs? Of the 307 respondents, 102 (33 percent) learned about ADUs in the last few years, 94 (31 percent) learned about ADUs in the last few months or year, 65 (21 percent) learned about ADUs 5–10 years ago, and 40 (13 percent) learned more than 10 years ago. Six (2 percent) answered “other” (see below). Other Very recently This article and survey. Though they were common in Cloquet near where I grew up after the 1918 fire. I don't know what you mean "learn about". I've known they exist. Didn't know the acronym. I’m Just now From Golden Valley city news May/June 2022 Accessory Dwelling Unit Community Input Report Page 4 2. How did you first hear about ADUs? Of the 307 respondents, 89 (29 percent) heard about ADUs via a newspaper or on TV, 74 (24 percent) heard about ADUs via the Golden Valley City newsletter or website, and 67 (22 percent) heard about ADUs via adoption of ADUs in another municipality or area. Fifty-seven (18 percent) answered “other” (see below). Other Pinterest from property owners Realtor Costco Some friends that were discussing real estate investments and long term extended family planning. Place of employment friend We’re eagerly waiting for approval to build. my previous neighborhood in n Mpls Seeing them in our previous neighborhood News Realtor They used to be called 'granny apartment' From cities like Seattle. Democratic caucus event in Plymouth MN Friends Don’t know Personal research Accessory Dwelling Unit Community Input Report Page 5 in a class Carriage house conversion I read about them in a magazine...or the New York Times. HGTV and other media Looking at houses Family Adus in other cities who have more ADUs I’ve seen them We lived in the San Francisco Bay Area TV shows on hgtv Have seen them in other places. Seeing them in Airbnb listings When I previously worked as a mover, I moved a resident into an ADU above a primary house an adu project done through my employer friend church other church church church friend friend church friend Other cities allowing them Golden Valley Housing Coalition Youtube videos (Not Just Bikes channel) friend Real estate industry Knew someone who had rented the detached cottage of a St. Paul mansion. My brother-in-law rented one. Researching possible rental options for our property We lived in one Seeing an ADU in person at friend's parent's home - above garage apartment In process of building an addition for adult disabled children hoping for ADU Researching to add our own adu No idea - it’s a pretty common/basic concept Learning about living with less Accessory Dwelling Unit Community Input Report Page 6 College I work in the senior living industry 3. If a neighbor was planning to build an ADU, what would you be interested in or concerned about? Rank from Not at all interested/Concerned (1) to Extremely interested/Concerned (5). Based on response averages, the area respondents are most interested or concerned about is Quality of build or exterior finish, and the area respondents are least interested or concerned about is Square footage of unit. See Other answers below. Item Not at all interested/ Concerned (1) Not too interested/ Concerned (2) No opinion (3) Very interested/ Concerned (4) Extremely interested/ Concerned (5) Weighted Avg Square footage of unit 60 62 33 85 63 3.1 Height of the unit 37 53 17 115 81 3.5 Setbacks from property lines 27 52 19 119 89 3.62 Quality of build or exterior finish 23 31 26 133 92 3.79 Parking provided 39 45 38 92 91 3.5 Advanced notice of the project 39 39 57 91 79 3.43 Construction impacts 31 43 52 89 87 3.52 Planned user of the unit 70 38 56 64 77 3.13 Planning for storm water runoff 34 39 38 105 87 3.57 Other Most concerned about changing the nature of our City's zoning regulations which have served the residents well for so long. also excess garbage, recycling and foot traffic And my answer is reflective of concerned not interest at all, and against all above. Tree removal. Smaller footprint project might need stricter replacement requirements. interested in who was architect, builder, so could learn from interested in how they did it, so I could learn and eventually do on my property Would be very interested, want to do this myself noise, crime, congestion, loss of suburban feel How it will affect my views out my windows and my property value. Please allow soon. Obscuring sight lines or blocking sun Accessory Dwelling Unit Community Input Report Page 7 Concerns on trash/recycling/garbage collection and accessibility in snow for ADU's To make sure it isn't going to be rented out or used as a vrbo or something of the sort. Basically, that it will be used for someone in the immediate family and that any rental would be temporary and require some sort of permit that would have a stiff penalty for letting said ADU become a rental long term. Number if people to live there Who would be renting the unit, relative, friend, etc.?? I would be interested in how the ADU would affect the architectural design of the existing house (ie, would it make it ugly and affect my property values). Additional Cars, street parking. People renting as Air BnB, so people coming in and out. Does the property owner have to live in either the ADU or the home or will they be able to rent out both prefer incentives so unit is energy efficient, solar powered as it think of this for our family , I envision a small well built unit for our adult daughter and think- whats the problem. but then I start thinking of bigger units speciifally for rental purposes and I find that more worrisome. I specifically would not like a VRBO unit in my back ground. Complicated idea but I guess its coming so lets just be sure we do it right. Design of build - needs to match primary home. No trailers, Mobile Homes, Shipping Containers. Golden Valley has done a very poor job of managing stormwater in the past -I’d like to see that this has changed my neighbor has a large extra building on his property and he doesn't maintain it nor his yard. We bought in Golden Valley because we like the setbacks, the large yards. I am upset that the look and quality of our neighborhoods will be crowded. My neighbor already has a large out building of about 16 x 24 that is full of junk. I don't want all of our block to have so many extra people and cars. This is a horrible idea I would be extremely concerned about and opposed to the potential addition of an ADU. general design and impact on adjoining properties Important to ensure ADUs are built in a proper quality for residence (aligning with style/quality of neighborhood homes), ensuring ADUs weren’t used for short term rentals but for longer term residency. Utility impact (power, sewer, etc) This is a great tool for people to age in place, care for aging parents or provide secondary income by renting the unit out. Love this idea! Would prefer ADUs be limited to homes that are homesteads Impact to my backyard (would a giant window be facing my patio for “strangers” to look at…assuming it’s a short term rental). (In short, ordinances to protect enjoyment of property while allowing ADUs) How many people will live there? Will there now be two families next door to me? sight lines, landscaping Lower quality Tennant and increase in crime Removal of trees and green space is a concern as this is what makes GV popular Accessory Dwelling Unit Community Input Report Page 8 4. Should Golden Valley allow freestanding (detached) ADUs in rear yards in addition to attached ADU options? Of the 307 responses to this question, 124 (40 percent) answered Yes, 79 (26 percent) answered No, and 104 (34 percent) answered Maybe, but it depends on the regulations on location and size. 5. If you were a homeowner, would you ever consider building an ADU on your property if allowed by City Code? Of the 307 respondents who answered this question, 101 (33 percent) answered Definitely Yes, 79 (26 percent) answered Leaning Yes, 48 (16 percent) answered Leaning No, and 79 (26 percent) answered Definitely No. Accessory Dwelling Unit Community Input Report Page 9 6. Why not? This question was only asked if the respondent answered Definitely No to question 5. It was open- ended and gathered no statistical data. Answers I moved to this city because I liked the fact that the houses were not all crammed together on 80x100 lots I want to preserve the current housing zoning ordinance Parking is already an issue at my home; Poor use of green space, crowded parking, excess garbage and neighborhood noise and possibly pets. Already no pet ordinance in GV. This is just a scheme to get more taxes What for, we have gotten along this long why now? I moved to Golden Valley for less density than the city. This adds density. I enjoy the larger yards, privacy. I think city lots in GV are already crowded, and many park on the street. Let’s clean up the properties we have before allowing folks to build makeshift apartments. why would I want to I’m on a 8000 squad ft lot. Where would I put it..ah..the front yard next to my 4 garbage cans! Nice ! Ruins property nearby. More people, more traffic. Stop this now would only be in favor of attached ADUs Property not large enough, “look of the neighborhood”, etc As a green step city we should consider environmental impacts Size of lot Privacy too dense, parking issues, lose neighbor feel, rental issues increased population leads to increased conflict and less ability to enjoy the neighborhood. I already have to contend with rental resident that smoke pot, are loud, and generally detract from the enjoyment of my property. I don't want this worsened by the addition of more residents. No need Not worth the cost - not needed. Because I don't want increased population density in our neighborhood No space. Adversely impacts home values of adjacent dwellings No reason to. No need No need Over-population of areas not meant to support increased density More to maintain. Adds population density. Potential liability. Small lot Trashy in a yard meant for a yard. Too many people in small area. Don’t want to be around areas like this since I enjoy privacy. Because I chose to live in a single family zoned district, otherwise I would have decided to live in a multi-family dwelling area. No room Accessory Dwelling Unit Community Input Report Page 10 We would not build an ADU because we specifically bought our property for the large outdoor space and to have reasonable privacy from our neighbors. Not enough room on my property, and no reason for one. We pride ourselves in having lots that are open and have room for gardening. Space between the houses is wonderful in Golden Valley. It is one reason we chose to live here over 50 years ago. Neighborhoods designed for single family homes shouldn’t be turned into fractured design. Let’s jus park an airstream or mobil fish house and drop some power and call it a ADU. Don’t like this idea, well I am not enthused about yours either! Lot sizes that currently exist are already very small. An ADU would take up too much space and make the neighborhood feel tight and cluttered. No reason to do so Rules are not always followed we live in Basset Creek drainage area and am concerned about water run off. People say they're building a garage and load the yard with crap. Have a shed built almost on my property. I see a big problem with shed placement. Only use them to store more junk. This is a terrible Idea with half acre lots. Crowding & destruction of the single family ambiance of Golden Valley. Added paving for parking, added vehicles, visual density. I already feel like I’m in a commercial parking lot with all the cars and home businesses in my neighborhood. no need Not appropriate Once a 2nd building is established, it becomes "secondary" and not the main focus of the homeowner. the maintenance won't be inspected, illegal rentals, variance requests and neighbor relations just get worse, especially when the property is sold and any 'commitments' either disappear or are neglected with no enforcement. It's going to cost the city/taxes a LOT to keep this building type performing at a high level. If you have an ADU, you need to be in a housing zone where multi-family is approved. Let the large lots divide up, that's fine, but doubling-up actual dwellings as separate buildings where they are not zoned is not appropriate for GV. I'm all for attached/integrated, but detached is too far and has many many unintended consequences that the city/taxpayers of GV's size simply doesn't have the $$$ to afford. High density housing should be placed on repurposed commercial real-estate. The layout of the current housing stock is what makes the city attractive to potential buyers. ADU will now doubt be a blight of bad design, poor planning, and weak over site and will make neighborhoods less desirable. If I wanted to live in a dense housing block I would buy in Mpls or St Paul. I hate the idea of more cars, people and renters. A couple of houses near me have renters which has caused problems with upkeep, police calls, etc. Why does our city council think we want to have our city be crowded? The reason I live in a single family home is because I do not want to live in or near high density housing. There is plenty of high density housing available in Golden Valley. We don't need to ruin single family homes by adding ADU's in the backyard! The question should be why do people want one. It is a bad idea for the community. I don't like people I like the suburban layout of GV Accessory Dwelling Unit Community Input Report Page 11 Why is that any of your business? It is a weird idea. We do not need back yard rentals in Golden Valley. I would be upset if my neighbors did this. I love the quiet of my back yard. It is a stupid idea I do not need additional space. It is abad idea. The charm of Golden Valley is large suburban lots. This is not an urban community. There are plenty of apartments going up right now in Golden Valley, so the premise that there is a shortage of rental housing is not supported. It is one thing to have a family member live in the ADU, but over time people will rent them out for additional income and I have chosen not to live in a rental neighborhood. There will be parking issues, noise issues, added traffic. If they become short term rentals, we would have many new people coming and going in our neighborhoods. I do worry about safety and crime. Our lot is too small I choose and pay to live in a single family community not a high density area with apartment type renters. Because there isn't enough room on almost any property in the city, and the added congestion and close proximity would be uncomfortable. All of the reasons previously listed I would add on to my home before doing an adu My lot is not big enough The disruption to the character and quality of life in Golden Valley would be unacceptable and greatly degree the quality of the community. Changes the feel of the neighborhood and increases density, already have too many apartment buildings! Accessory Dwelling Unit Community Input Report Page 12 7. Would you be supportive of others having the option to build an ADU in Golden Valley? This question was only asked if respondents answered Definitely No to question 5. Of the 79 respondents who answered this question, 57 (72 percent) would not be supportive of others having the option to build an ADU in Golden Valley, 6 (8 percent) would be supportive, and 16 (20 percent) would maybe be supportive, but it would depend on City Code restrictions. 8. For what reasons would you consider building an ADU? (select all that apply) This question was only asked if respondents answered Definitely Yes, Leaning Yes, or Leaning No to question 5. Of the 226 responses, 159 (70 percent) would consider building an ADU to house an aging parent/relative, 102 (45 percent) would consider building an ADU as a guest house, and 97 (43 percent) would consider building an ADU as a secondary unit for an adult child. Accessory Dwelling Unit Community Input Report Page 13 9. Adding ADUs to single-family residential districts could impact the overall density of housing units in a given area, depending on if ADUs are widely built. How concerned are you of this potential impact on single-family areas? Of the 303 respondents who answered this question, 70 (23 percent) are extremely concerned, 49 (16 percent) are very concerned, 100 (33 percent) are not so concerned, 61 (20 percent) are not at all concerned, and 23 (8 percent) have no opinion. 10. If you are concerned about increased density from ADUs, what aspects are of the most concern? (select up to three) Of the 303 respondents who answered this question, 136 (45 percent) are concerned about parking/traffic demand, 122 (40 percent) are concerned about an increase in activity/noise, and 97 (32 percent) are concerned about visual impacts. 114 (38 percent) are not concerned about added density. Twenty-eight (9 percent) answered “other” (see below). Accessory Dwelling Unit Community Input Report Page 14 Other Answers Do we have enough parks, trails, and sidewalks to support increased density and more livable spaces? Right now I’d say GV has a split personality between an urban community and historically suburban planning. Renters have no stake in ownership, thus, more inclined to not care… More people, more crime General safety and crime. Pressure on wildlife. My property value crime that comes with more populated areas (in general) Move forward with environmental precaution. Random people coming in and out of rentals Concerned about loss of privacy from increased housing density No room for gardens and other outdoor activities. All of the above Potential Decrease in property value Crime is there a maximum square footage? based on lot size? There could be environmental impacts, such as a lot with some large trees or shrubs could be removed. potential increase in prime due to increase in rentals and lack of investment in the neighborhood and aesthetics that often come with renting over owning. Concerned about water in my basement Rental properites in a single family area. We need more housing in GV less privacy Primary concern is for detached ADU. Integrated is a better option for our community. Once a 2nd building is established, it becomes "secondary" and not the main focus of the homeowner. the maintenance won't be inspected, illegal rentals, variance requests and neighbor relations just get worse, especially when the property is sold and any 'commitments' either disappear or are neglected with no enforcement. It's going to cost the city/taxes a LOT to keep this building type performing at a high level. If you have an ADU, you need to be in a housing zone where multi-family is approved. Let the large lots divide up, that's fine, but doubling-up actual dwellings as separate buildings where they are not zoned is not appropriate for GV. I'm all for attached/integrated, but detached is too far and has many many unintended consequences that the city/taxpayers of GV's size simply doesn't have the $$$ to afford. Developers that would buy property to build these units in speculation decrease in property values Potential loss of backyard privacy. Perhaps a zoning change to allowable height of privacy fences could mitigate this concern access routes to ADU. Means building more drive way, utility lines, etc. Increased demand on city resources Tree/Vegetation Removal Contrary to many opinions - e.g. in the narrow lots study - I believe increased density is good for people and the environment. Denser neighborhoods are more "walkable" and require less infrastructure per capita Accessory Dwelling Unit Community Input Report Page 15 11. Do you have any other thoughts or comments to share on the topic of ADUs to include in the engagement report? (optional) 500 characters max This question was open-ended and gathered no statistical data. Answers Support ADUs, please adopt flexible ADU ordinance Preserve the current zoning ordinance at it is today with no added density. Added density should take place outside of the residential areas in Highrise developments, all efforts should be made to require developers to include low income accessible units into their developments as the city is now so admirably requiring. Keep up that good work! ts Given the increasing expense of housing with incomes not increasing as quickly as inflation this is an affordable option for multigenerational housing. Agree with poster in FB group that permit to build should be dependent on owner occupation of the primary dwelling to minimize flipping and create a vested interest in neighborhood peace/tranquility. Provisions should be out in place regarding setbacks and asthetics (including height). And STRs should be licensed/regulated with a limit to numbers granted. This is a great way for families to take care of each other. None These type of units may provide needed housing but not easy access to other needs such as transportation, health care and food resources. I'm sure there will be concerns, but some of those could be mitigated by requiring builders or owners of properties with ADUs to live onsite. Given the growing unavailability of affordable housing, I see this as a progressive and inclusive step forward. I am hugely in favor of it. As a resident of Golden Valley, i feel like we have the perfect home/lots for ADUs as the lots are larger than usual. Having ADUs availability will help diversified the city, which is always great for a town. Where I’m from ADUs are so very common these are great for everyone, kids going to college, extra office space specially now that many of us work from home. Family members visiting from out of town, caring for elderly parents.. so many good things. I’m very excited! Many homes already have 4 cans for trash, yard waste, recycling and compost. Adding more users adds more trash, noise, foot traffic and congestion. This is a not needed way to garner more taxes and inc pop density No Homeowners already have jumbo sized trailers, campers, boats & other various things stored in the front yards, driveways or streets. I’m concerned about safety, too many people jammed in too small areas always leads to an increase in crime. Golden Valley should focus on getting their police force filled & taking care of the infrastructure we already have. I would like to see an environmental study on the effects on run off, levels of tree removal, & climate impact. LOVE these. This city has huge lots and lots of wasted space to house aging relatives and adult children getting their lives started. It adds affordable housing options that aren’t apartments or full size single homes and as long as airBNB isn’t part of the equation, it’s an almost universal positive for the community. please allow all forms of ADUs without owner-occupancy requirement Are you people insane??? How about just leave our neighborhoods alone!!!! Accessory Dwelling Unit Community Input Report Page 16 I fully support allowing ADUs to be built, but I think there should be a requirement that the owner live on the property in order to be allowed to build an ADU. I think it’s great for people to be able to house their parent(s) or adult children or even to rent, but I do not want house flippers doing this all over GV for no reason. How is an ADU different from a “mother-in law apartment.” I don’t know how common these are in Golden Valley specifically, but I wasn’t aware that zoning of a single family residence could be used to prevent a home from including a mother-in law apartment and/or that I would need special zoning to provide a living space in my home for an elderly relative. This trashes the city. Stop implementing this garbage in our once nice area. Property taxes are already ridiculous GV is narrowing streets when they promised they wouldn’t, how will parking work with narrow streets? Where do these cars for the adus go in a snow storm? With narrow streets we can’t get garbage truck traffic and fire truck traffic through, where are these extra vehicles parking? Home values will decrease. If you’re sitting on your patio or deck and have the ability to not see in the neighborhood, what happens to neighborhood watch? If you can’t see around these dwellings, safety is a concern. GV is popular for its trees and large lots, do we want GV to look like uptown or st Louis Park etc? An ADU would be a significant help to family caregivers. Working caregivers would benefit greatly. I was a weekend caregiver before I became my mom's live-in caregiver. The commute took time, especially in winter. please allow ADUs favor ADUs, should allow I support ADUs in Golden Valley With increasing rental and housing costs I believe this would be an excellent way to support families. If neighboring towns allow this, we should too or risk declining property values relative to competing towns Was surprised Golden Valley didn’t allow this, thought all MSP cities did. I’m quite for the idea, especially given the shift back to more multigenerational living. It gives people options and real flexibility with their home property. I think if done well it would only enrich Golden Valley’s livability. Highly in favor of them. Our home in Golden Valley had a full walk out apartment and allowed for multi generational living—first with my aunt and uncle, then my grandmother and then my adult sister. It’a a way increase a sense of community and enhance Golden Valley’s appeal for aging people who can no longer deal with the large yard work of so many properties. Highly interested in this proposal moving forward and highly likely to take advantage of it. 500 characters is insufficient to convey additional thoughts. Will send follow up comments to planning department. I think it’s a wonderful opportunity that could allow for aging residents to continue living with family out of a nursing home we would move out of Golden Valley if this passes Thinking about this for my disabled to have a sense of autonomy while staying safe, close, and keeping dignity I have twin disabled sons. One of my sons could live in a detached ADU. Having a detached ADU will allow him autonomy while being close to us for when he needs help. Being detached is very Accessory Dwelling Unit Community Input Report Page 17 important is us. An attached ADU would not work for our family due to how loud my other disabled son is and they need space from each other. The arguements presented are flawed, seniors want to stay in their homes, not move into someone's back yard. The more likely outcome is that the city will have an influx of renters in residential areas which will detract from the peaceful environment Golden Valley has cultivated. I think this would really ruin the esthetic of the neighborhood. GV is so nice and spacious, we will start to look like SLP. Fail to see why it is needed. I generally support more flexible housing options and policy that enables denser housing. Please focus on makung golden valley more affordable by capping taxes and reducing waste in city programs... Not by cramming more people into smaller areas I acknowledge that there is not enough accessible housing options for people and this could be a way to help accommodate people. Thank you for moving this forward. GV lots are typically quite large and, as long as the regulations are well stipulated, should be able to handle usage. The rules that I see applying: some %-size restriction the house that is originally on the lot. man’s some aesthetic requirements. Hip roof house, hip roof adu. Color of orig house = color of adu. support this as an affordable housing option in our community Im concerned that the city may want to force me to have ADUs Big issue is the reduction of permeable surface, a huge environmental concern They should be prohibited from being used in higher transient scenarios such as vacation rental units (VRBO's) or Air B&B's. These would bring unpredictable activity to any neighborhood and create a source of stress for seniors and those with small children. What are the size and height limitations. I think we need to seriously consider the ramifications of ADU's , and what "worst case" scenarios could occur by legally pushing the boundaries of any type of "OK" ADUs are expensive to build, so will probably have limited uptake, but adding more affordable housing is one of the biggest social equity things we can do. Do not allow for rentals like Airbnb. Allow for older adults or family guest and keep these units for maximum 2 people and under a certain sq footage. Not for rentals Sounds like a good step towards something similar to Minneapolis’ 2040 plan Many people on Golden Valley have large yards and plenty of room for an ADU. Regardless of what type is allowed, thinking about population density, additional noise and traffic should be minimally impacted within a few block area. Need bigger lots first. Necessary due to cost of housing now! Do not allow in Golden Valley I have huge zoning questions, property tax questions. Either areas are zoned single family residential or they should be multi family dwelling zone, but NOT mixed. None GV has copious restrictions on primary dwelling height, seize and lot placement. Not to mention auxiliary space. ADU's go against the spirit of the landscape all of these restrictions are intended to preserve. Accessory Dwelling Unit Community Input Report Page 18 Build quality and water runoff should be prioritized along with keeping the height and square footage to a minimum. We purchased our home/property in Golden Valley specifically because it was less dense than other cities like Minneapolis and St Louis Park. I am very opposed to increasing density in areas that are currently zoned for single family dwellings. I think short term rentals should be prohibited in ADUs There must be other ways to solve this problem without ADUs. I like the idea of providing families affordable ways to support aging parents or adult children in place, near the family, and I've wondered if we could do something for our parents here. Housing AND eldercare are super expensive and they sound like a great way to provide affordable living for an adult child or care for aging parent. Most concerned about parking with current increased car theft and break ins… This is a dump idea not suited for GV. Let Mpls build their high density in a city setting! I’m concerned that Golden Valley is trying to pack more housing into stable neighborhoods that currently have a decent amount of space between each. I would hate to see Golden Valley become as densely packed as St. Louis Park and parts of Hopkins. In my opinion, it lowers the desirability to live in the area and lowers property values. I would like to see studies on how this is working in other areas of the country. Are the goals that were set being met? Or did they find that there was a different outcome? It would be nice to see actual pictures of homes that have ADUs (or Granny Flats as they called them in CA) not just illustrations. Definitely most concerned with size of building Most Golden Valley lots are too small to support this idea I’m generally in favor of this, so long as planning and enforcement of regulations are upheld. Our neighbors are already loud and have people over all the time. I worry about what would happen if some of those people were living there full time, or for extended periods. How do we ensure these don’t just become party houses? Allowing ADUs to be built is an easy thing for the city council, but unless incentivized, I don't forese this gaining much traction (unfortunately) If we want to solve housing cost issues, we need to be willing to increase the density of our own neighborhoods I have a detached garage, can I also have an ADU, so three structures on my property I assume this relates to detached ADU's only and not attached ADU's. If attached ADU's are being researched then please send out a specific survey for attached ADU's. I also think the topic of tearing down the house and restructuring the buildings on the property should be topic that needs to be addressed to include multi unit ADU's. Setbacks, size of unit, and minimum tenant requirements should be codified in city ordinances and zoning requirements. It will also be important to codify quality of build and minimum requirements - to ensure they go beyond she-shed, he-shed level and have appropriate visual appeal. good idea, allow pass an ordinance, should have one already I’ll build what I want to take care of my family. It’s my property. I pay taxes, don’t mess with me. Didnt think I needed permission to take care of my family and build what I wanted on my land. If I want to build something for my parents, I’ll do it. Don’t get in my way. Let me do what I want on my land, for my family. Get out of my way., Accessory Dwelling Unit Community Input Report Page 19 Terrible survey. Great idea, perfect solution for my Dad. When can I get one? good solution for seniors, GV should allow just learned about these, great idea, disappointed aren’t allowed already Maybe it would work on corner lots if drainage were worked out. My sump pump works often when we have a great deal of rain. Golden Valley has many low areas. ADUs are a good thing, they should be allowed in GV Golden valley should be open to modern living I am mostly interested in this option as it relates to aging in place This is a fantastic move that the city should make, for the benefit of the entire city. What we are talking about is basically a home addition, but without being attached to the house. All the usual code requirements will apply. Looking forward to seeing this option for Golden Valley's future My wife grew up in a desirable middle class community in California that started allowing ADUs 40 years ago. Within a short time crime, crowding, lack of parking, and an influx of a demographic that did not reflect the values of the neighborhood caused it to become little more than a slum. A retail mall which had thrived there closed because crime was out of control. Why risk doing that to our lovely city? I think adding ADUs is a great idea for our single-family zoning districts. It’s a more efficient use of space than strictly single-family lots and offers cheaper housing options in today’s market Already allowing single family homes to be remodeled into a duplex is adding to paved yards and multiple cars. Pls don’t allow ADU’s. husband and I are now working from home at least 2x / week, need extra office space I don't find an ADU very different from an addition that people build on to their houses for a family or TV room Cost of skilled nursing and assisted living housing is unaffordable to most, much better to invest in your home and add an ADU. Allow units that existing residents can downsize into and continue living in the same neighborhood. Need housing that is wheelchair accessible, not just the ADUs over garages in Minneapolis. Older residents want to be able to continue living in Golden Valley. DON’T RESTRICT PROPERTY RIGHTS. LET PEOPLE BUILD WHAT THEY WANT, AS LONG AS COMPLIES WITH BUILDING CODE Should allow ADUs that are accessible to disabled Golden Valley is behind, need an ordinance as good or better than neighboring towns, quickly. Parents are aging! I think the biggest thing is these units need to be well designed to fit in existing neighborhoods and well managed to keep up/enhance neighborhoods and property values by offering additional housing options. Many single people/aging people/extended family living situations require thinking differently than traditional family concept. I really don't know how low to mid income adults kids will be able to get into housing. I think we have to be open minded to explore but to be careful to protect some of what we have come to value about our back yards. We should find out what other cities have done to make this more acceptable It would negatively affect my property value is neighbor built one Primary concern is against detached ADUs. Integrated is a better option for our community. It’s a terrible idea. The benefit of having ADUs is dwarfed by the potential negative impact. Nope Accessory Dwelling Unit Community Input Report Page 20 This is a horrible idea and I will not vote for any council person that has this go forward. why do you think people love Golden Valley? Don't ruin it with this It's about time that we move into this new era. This could be a solution to the need for higher density housing. I beg you to NOT add ADU's to single family housing neighborhoods. There are plenty of apartments available for people who want to live in high density housing. Please stop this and help protect Golden Valley's neighborhoods! Homeowners bought their properties. In as broad a way as possible they should be able to use/develop that property as they can. Thank you for the opportunity to share opinions. golden Valley in nice and quiet do not need to be MPLS No My mom lives 5 minutes away from us, but her house is too much to take care of long-term. Having an attached, or detached ADU would give us the chance to have multi-generational living. We have a strange lot layout, so I am concerned we wouldn't even be eligible for this but staying hopeful. There should be a zoning category that specifically allows roomers, so neighborhoods zoned for single-family occupancy can stay that way if they want. ADUs make sense and should be allowed in zoning with proper considerations. I am for ADUs with specific size and location restrictions. People should be able to make reasonable ADUs for family and income. I DO NOT want people to be able to put a second home on their lot - ONLY small structures or additions to allow for small 1-2 bedroom structures interior or exterior. Definite yes I'm very interested in building a garage loft on a detached building. Likely for personal use, but could be for a guest or rental in the future. Looking forward to learning more from the city! My neighborhood in GV has huge lots. Its not sustainable for few people to take up so much land. This is a good idea of a way to reinvest within our very own community. Provide more people using the same resources (water and sewer) vs extending new roads and infrastructure out etc. This has to be done extremely carefully, if we are doing it. The criteria to allow it must be clear. The size of the lot should be GIANT in order to allow it. Neighbors should get to weigh in in the process If this is allowed at some point, I hope they would limit the use to family members only or long term rental only. Would like to see this allowed since it directly impacts my family situation With an aging mother of my own, I’m extremely interested in ADUs and we have been looking to move outside of GV to accommodate this need since it’s not allowed here. Great opportunity ADUs should be restricted to homes that are also homesteads Yes, survey should have offerred something less than very concerned as an option. ADUs above a detached garage are nice. We regularly stay at one in Florida. Thank you for asking!!!! Great information! This will be a great addition to the city. I appreciate the opportunity to utilize existing property to fit our lifestyle and stay in our community. I think it's something to be talking about at a minimum. Very common in other parts of the US. Please approve! Accessory Dwelling Unit Community Input Report Page 21 No Concern over rental property of the units, density of people, noise, and visual view of them. Poorly written survey! "Interested" is very separate from "concerned" & should NOT be linked. Your results will be inaccurate. We are interested but are NOT concerned Rentals could also be an issue. If u need in-law space you can redo your current residence without adding an extra dwelling I think this is necessary to help solve the affordable housing crisis. I have an adult son who cannot find an affordable apartment. Also, when my elderly father could no longer live in his own home, it would have been a preferable solution rather than putting him into an assisted living facility. Having an accessible space for my aging/mobility impacted parents to stay with us is a high priority as is the potential to age in place with our adult children. We’d sell and move elsewhere to accomplish this. I’m glad to see this conversation starting! It’s an important time to talk about housing access as more first time homeowners get priced out and aging populations need housing options. set backs should be somewhat maintained to prevent GV becoming like a congested modern suburb If allowed it will be another reason to consider leaving Golden Valley I think allowing ADUs is an important step to increase housing options since the housing stock is inadequate for demand. I want regulations to be thoughtful though so ADUs don't negatively impact neighbor's property (too close/big, not enough off street parking, storm water impacts). I think requiring property owners to live on the property with the ADU could be a way to ensure fewer neighbor complaints/conflicts with absent landlords about their tenants. I want the same options on my property as people do in neighboring towns. I don’t want to move or not be able to care for aging family / others. It is a very bad idea. We need to increase density for environmental reasons and types of housing for cultural reasons. I think if there are clear parameters around the ADU builds that would be just fine to them. The parameters I would care about are environmental, implications and impact of to neighbors and then aesthetics. I am a big proponent of the proposal to allow ADUs, and I am happy to see the city trying to make progressive improvements to housing and infrastructure. I would also be happy to see more mixed- use zoning, and would be interested in any proposal or discussion around that. Accessory Dwelling Unit Community Input Report Page 22 Demographics 12. In which quadrant of Golden Valley do you live? Of the 302 respondents who answered this question, 117 (39 percent) live north of Hwy 55, west of Hwy 100, 88 (29 percent) north of Hwy 55, east of Hwy 100, 67 (22 percent) live south of Hwy 55, west of Hwy 100, 24 (8 percent) live south of Hwy 55, east of Hwy 100, and 6 (2 percent) live outside of Golden Valley. Accessory Dwelling Unit Community Input Report Page 23 13. Which of the following age ranges are represented in your household? (Check all that apply.) Of the 302 responses, 160 (53 percent) have people of ages 30–50 in their household, 152 (50 percent) have people ages 50+, and 41 (14 percent) have people ages 18–29 in their household. Accessory Dwelling Unit Community Input Report Page 24 14. What type of housing do you currently live in? Of the 302 respondents who answered this question, 268 (89 percent) live in a single-family house, 11 (4 percent) live in a townhouse/rowhouse, and 8 (3 percent) live in a condominium. 4 (1 percent) answered “Other” (see below). Other Answers what does it matter, I pay taxes, fucking stupid survey none of your business Split entry near Olsen School with a hard working sump pump rambler with finished basement, No walkout Accessory Dwelling Unit Community Input Report Page 25 15. Which of the following best describes your current housing situation? Of the 302 respondents who answered this question, 259 (86 percent) own a single-family home, 16 (5 percent) own a multi-family or attached home (condo or townhome), 9 (3 percent) rent a multi-family or attached home (duplex, apartment, townhome, etc), and 14 (5 percent) prefer not to say. 1 (0.3 percent) answered “Other” (see below). Other Answers Cohabitate with parent who owns property, and we pay rent (% of mortgage) to them. APPENDIX A Social Media Reach And Engagement Page 26 SOCIAL MEDIA REACH AND ENGAGEMENT Accessory Dwelling Units Reach = Number of people who saw the post Engagement = Number of people who interacted with the post May 26, 2022 PLATFORM REACH ENGAGEMENT LIKES SHARES/RETWEETS COMMENTS Facebook 1823 349 20 4 5 Twitter 292 6 0 0 0 Comments NAME COMMENT Carol Hedberg YES, sensible and essential for our aging parents and their families! Mike Jorgensen Yes please. So many cities already allow ADU's. This would be fantastic! Abe Desta This would be nice and make a step forward on Housing access in the TC metro. Looking forward to hearing more about this. Julie Billups Definitely yes! Larissa Griffin- Sponsler About time! June 15, 2022 PLATFORM REACH ENGAGEMENT LIKES SHARES/RETWEETS COMMENTS Facebook 2382 268 4 5 0 Twitter 115 4 0 1 0 APPENDIX B Additional Community Feedback Page 28