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HomeMy WebLinkAbout4.A.1. Text Amendment-Asisted Living Housing Facilities-Ord. No. 865 Consent Business 4• A. 1. SHAicOI't: TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II DATE: 03/05/2013 SUBJECT: Text Amendment - Assisted Living Housing Facilities - Ordinance No. 865 (B) Action Sought Offer a motion to approve Ordinance No. 865, An Ordinance Approving a Text Amendment Regarding Assisted Living Housing Facilities, and move its approval. This action has no immediate budget impact. DISCUSSION The City of Shakopee has initiated a text amendment (Caselog No. 12 -046) regarding assisted living housing facilities. Recently, the Shakopee Board of Adjustment and Appeals (BOAA) determined that senior /assisted living housing is a similar use to those allowed by conditional use permit (CUP) in the Urban Residential (R -1B) Zone. As is standard operating procedure, once the BOAA has made a similar use determination, staff prepares a draft text amendment to add the newly identified use to the list of those allowed by CUP in the respective zoning district(s). Staff has prepared draft language to be considered for addition to the several sections of the Zoning Ordinance. Those sections affected include: • Definitions; • Urban Residential (R -1B) Zone; • Medium Density Residential (R2) Zone; • Multiple Family Residential (R3) Zone; and • Conditional Use Permit Standards for Residential Zones. The proposed language can be found in the attached Ordinance No. 865. Language that is underlined is proposed for addition into the City Code. The Planning Commission reviewed this item at is meetings on January 3 and February 7, 2013. At its January meeting, the Commission directed staff to review several items with the City Attorney. The primary change to the proposal resulting from discussions with the City Attorney was revising the terminology from senior housing to assisted living housing facility. At its February 7 meeting, the Planning Commission unanimously recommended approval to the City Council. Please find attached a copy of the February 7 staff report to the Planning Commission for the Council's reference. RELATIONSHIP TO VISIONING Goal B: Positively manage the challenges and opportunities presented by growth, development, and change. ALTERNATIVES 1. Approve Ordinance No. 865, as presented. 2. Approve Ordinance No. 865, with revisions. 3. Table a decision on the text amendment and request additional information from staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended approval of the text amendment, as presented (Alternative No.1 ). ACTION REQUESTED Offer a motion to approve Ordinance No. 865, An Ordinance Amending Chapter 11 Regarding Assisted Living Housing Facilities, as presented, and move its adoption. Attachments: Ordinance No. 865 Planning Commission Report ORDINANCE NO. 865, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11 (ZONING) REGARDING ASSISTED LIVING HOUSING FACILITIES THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 — That City Code Chapter 11 (Zoning) is amended to add the language as follows: Language which is underlined shall be added. Language which is struckthrough shall be deleted. Section 11.02 Definitions Assisted Living Housing Facility — a housing facility for persons who need assistance with their daily living needs, including special support services such as meal preparation, housekeeping, medical care, transportation, or cognitive needs assistance, including memory care assistance. (Re- number all entries accordingly). Section 11.28, (Urban Residential (R -1B) Zone), Subd. 3 (Conditional Uses) N. Assisted Living Housing Facility (re -letter all entries accordingly) Section 11.32, (Medium Density Residential (R2) Zone), Subd. 3 (Conditional Uses) Q. Assisted Living Housing Facility (re -letter all entries accordingly) Section 11.34 (Multiple Family Residential (R3) Zone), Subd. 2 (Permitted Uses) O. Assisted Living Housing Facility, subject to the following requirements: (re -letter all entries accordingly) 1. Up to 20% of the facility's units may be independent living units. 2. Only the independent living units shall be considered for purposes of calculating the maximum density. Section 11.86, Subd. 2 (Conditional Use Permit Standards for Residential Zones). HH. Assisted Living Housing Facility 1. Up to 20 %of the facility's units may be independent living units. 2. Only the independent living units shall be considered for purposes of calculating the maximum density. 3. The facility shall take access from an arterial or collector street as identified in the City's Transportation plan. 4. The facility must have a minimum 50 foot structure setback from all property lines. 5. Parking facilities shall be set back 25 feet from property lines. 6. The site shall be limited to a maximum impervious surface percentage of 60 %. 7. Parking facilities shall be screened with a berm and/or landscaping to a minimum height of 3 feet. 8. The facility must comply with all applicable federal, state, and local regulations pertaining to facilities that provide assisted living services, including but not limited to the regulations contained in Minnesota Statutes, Chapter 144G. 9. The building design and materials must meet the minimum requirements as specified in Section 11.60, Subd. 4.B. 1 Section 2. The City Council adopts the following findings of fact relating to the request to modify the language in the City's zoning ordinance regarding assisted living housing facilities. Criteria #1 That the original zoning ordinance is in error; Finding #1 The original zoning ordinance is not in error. The inclusion of assisted living housing as a conditional or permitted use is appropriate at this time given a) the increase in population requiring these services, b) additional need for housing targeting the needs of seniors, and c) the change in the types of housing available in the marketplace to serve the aging population. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have taken place in a) the need for and variety of housing options available to serve the City's population, and b) in that the Board of Adjustment and Appeals has determined that assisted living housing is a use similar to those already permitted by Conditional Use Permit. Providing for the use of assisted living housing within the City meets the City's goal of providing opportunities for residents to pursue quality lifestyles. Criteria #3 That significant changes in City -wide or neighborhood development patterns have occurred; Finding #3 Changes in City-wide or neighborhood development patterns have occurred in that the construction of assisted living housing facilities is becoming more prevalent in order to meet the housing needs of the City's residents. Criteria #4 That the Comprehensive Plan requires a different provision; Finding #4 The Comprehensive Plan does not require a different provision. Section 3. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of ,2013. Brad Tabke, Mayor ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 2013. 2 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II RE: Text Amendment Regarding Senior Housing DATE: February 7, 2013 CASELOG NO: 12 - 046 DISCUSSION At its January meeting, the Planning Commission reviewed a proposed text amendment regarding senior /assisted living housing in the Urban Residential (R -1B), Medium Density Residential (R2), and Multiple Family Residential (R3) zones. After review of the proposed text amendment, the Planning Commission continued the public hearing to the February meeting and directed staff to provide additional information. Concerns raised by the Commission included addressing definition of the proposed use, building materials, and site design. Staff has consulted with the City Attorney on the stated issues. The City Attorney has recommended the following language for consideration by the Planning Commission. The language proposed addresses assisted living facilities rather than senior housing in order to eliminate the potential for discrimination as identified by the Commission. In addition, language has been proposed that would require compliance with the building materials requirements already in place in the Zoning Ordinance. Regarding setbacks, the City Attorney agreed with staff that if a structure is proposed to exceed the maximum height requirement of the underlying zone that a CUP for over height structure would be necessary and would allow for the opportunity for the BOAA to address any need for mitigation. Language that is underlined is proposed for addition into the City Code. Section 11.02 Definitions Assisted Living Housing Facility — a housing facility for persons who need assistance with their daily living needs, including special support services such as meal preparation, housekeeping, medical care, transportation, or cognitive needs assistance, including memory care assistance. (Re- number all entries accordingly). Section 11.28, (Urban Residential (R -1B) Zone), Subd. 3 (Conditional Uses) N. Assisted Living Housing Facility (re -letter all entries accordingly) Section 11.32, (Medium Density Residential (R2) Zone), Subd. 3 (Conditional Uses) Q. Assisted Living Housing Facility (re -letter all entries accordingly) Section 11.34 (Multiple Family Residential (R3) Zone), Subd. 2 (Permitted Uses) O. Assisted Living Housing Facility, subject to the following requirements: (re -letter all entries accordingly) 1. Up to 20% of the facility's units may be independent living units. 2. Only the independent living units shall be considered for purposes of calculating the maximum density. Section 11.86, Subd. 2 (Conditional Use Permit Standards for Residential Zones). HH. Assisted Living Housing Facility 1. Up to 20 %of the facility's units may be independent living units. 2. Only the independent living units shall be considered for purposes of calculating the maximum density. 3. The facility shall take access from an arterial or collector street as identified in the City's Transportation plan. 4. The facility must have a minimum 50 foot structure setback from all property lines. 5. Parking facilities shall be set back 25 feet from property lines. 6. The site shall be limited to a maximum impervious surface percentage of 60 %. 7. Parking facilities shall be screened with a berm and/or landscaping to a minimum height of 3 feet. 8. The facility must comply with all applicable federal, state, and local regulations pertaining to facilities that provide assisted living services, including but not limited to the regulations contained in Minnesota Statutes, Chapter 144G. 9. The building design and materials must meet the minimum requirements as specified in Section 11.60, Subd. 4.B. CRITERIA Criteria #1 That the original zoning ordinance is in error; Finding #1 The original zoning ordinance is not in error. The inclusion of assisted living housing as a conditional or permitted use is appropriate at this time given a) the increase in population requiring these services, b) additional need for housing targeting the needs of seniors, and c) the change in the types of housing available in the marketplace to serve the aging population. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have taken place in a) the need for and variety of housing options available to serve the City's population, and b) in that the Board of Adjustment and Appeals has determined that assisted living housing is a use similar to those already permitted by Conditional Use Permit. Providing for the use of assisted living housing within the City meets the City's goal of providing opportunities for residents to pursue quality lifestyles. Criteria #3 That significant changes in City -wide or neighborhood development patterns have occurred; Finding #3 Changes in City-wide or neighborhood development patterns have occurred in that the construction of assisted living housing facilities is becoming more prevalent in order to meet the housing needs of the City 's residents. Criteria #4 That the Comprehensive Plan requires a different provision; Finding #4 The Comprehensive Plan does not require a different provision. ALTERNATIVES 1. Recommend approval to the City Council of the text amendment as presented. 2. Recommend approval to the City Council of the text amendment with revisions. 3. Continue the public hearing and direct staff to provide additional information. 4. Table action on this item and direct staff to provide additional information. STAFF RECOMMENDATION Staff recommends either Alternative No. 1 or 2. ACTION REQUESTED Recommend to the City Council the approval of the text amendment as presented or with revisions. Julie Klima Planner II h: \boaa- pc\2013 \02 -07 \sr housing text amendment 12- 046.docx