HomeMy WebLinkAbout8A - Senior Housing Report
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
JUNE 19, 2000
8A
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF REPORT REGARDING SENIOR
HOUSING REGULATIONS
History At the May 1 st Council meeting, Councilmember Gundlach
proposed that the treatment of senior care facilities in the zoning
ordinance be modified through the use of an over lay district. On May
15, the Council considered a preliminary staff report which outlined
the process staff intended to follow in addressing this issue. Following
discussion on this item, the Council indicated it was satisfied with the
proposed approach.
Current Circumstances Staff solicited assistance from the Planning
Advisory Service of the American Planning Association in the form of
background reports and ordinances from other communities. A
considerable body of material was received which dealt with the
regulation of senior care facilities throughout the country. In addition,
an Internet search was conducted for information regarding assisted
living and senior housing. Again, a large amount of information was
collected and reviewed.
The way in which various communities deal with senior care facilities
varies greatly. Some communities go so far as to regulate the amount
of floor area devoted to sleeping and storage, the number of bathrooms
per bed, the height of stair risers and the type of laundry facilities.
Other communities regulate these uses in much the same manner as
other uses. It is quite common for communities to regulate these uses
through the conditional use process and to specify a wide range of
conditions as noted above. Few communities, however, regulated these
uses in a manner which was intended to encourage their establishment.
During the course of reviewing the material which was gathered, staff
further considered whether the best regulatory mechanism for senior
care facilities was the conditional use process. In reviewing some
ordinances which used the overlay. approach ( a copy of one such
ordinance is attached), it became apparent that through an overlay
approach, the Council retains a greater degree of control over the
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location of such uses. If an overlay district is used, there are two ways
to apply it. One is to establish the district on the zoning map for all
locations which are determined to be suitable. The other is to wait for a
developer to request a zone change to apply the overlay district. Since
the zone change is legislative in nature, the Council has somewhat
greater discretion in approving or denying a request. On the other
hand, as Council members are aware, the conditional use process is
quasi-judicial and the amount of discretion is limited.
Based on the above, the staff intends to pursue the development of an
overlay district for senior care facilities which will be loosely modeled
after the Foster City, CA. ordinance which is attached.
Issues There are four primary issues on which staff is seeking Council
input. The first is whether to use an overlay district approach or the
conditional use approach in existing districts. Staff believes the
overlay approach is the better method in this case for the reasons noted
above.
The second issue is based on the assumption that the overlay approach
will be the preferred option. In that case, it remains to be determined
whether the Council designates specific locations in the community as
the overlay district or if it takes the approach that a developer must
apply for a zone change to the overlay district at the time a specific
project is applied for. The advantage of designating specific locations
is that it provides a clear picture of where the City would like to see
senior care facilities. The advantage of waiting for a developer to apply
is that it provides the City with more flexibility. Staff suggests that
specific locations be determined and the overlay district be established
at those locations. Areas which should be considered include the Park
Nicollet site, portions of the Downtown area, and the Eagle Creek site.
The Park Nicollet site and the Downtown areas would be particularly
well-suited for this use because of their proximity to supporting land
uses and facilities, such as retail, medical and community facilities. In
a previous report on this topic, it was indicated that consideration was
being given to allowing senior care facilities in the R-2, R-3, R-4, C-2,
C-3 and C-4 districts. The intent would be to follow the density
requirements for each district. In the case of the commercial districts,
density would be limited to the density in the R-4 district.
Even though the overlay district would be initially identified on the
zoning map, it would still be possible for a developer to apply to have
the overlay district applied on some other property. Again, this would
be limited to the districts noted above and would be subject to criteria
regarding the proximity of supporting land uses and facilities.
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The third issue is whether the ordinance should be structured to simply
allow assisted living/senior care facilities in some fashion or to
actually encourage the development of such facilities.
The fourth issue results from a decision to encourage senior care
facilities in the City. If the intent of this ordinance is to encourage the
development of senior care facilities in particular locations, some
incentive to do so needs to be offered. Most communities which offer
incentives typically include density increases as one of the incentives.
In the past, the Council has indicated that density bonuses are not
acceptable. The question then is, what other incentives could be
granted? Some things which might be considered are building height
increases, decreased setbacks, modification of landscaping
requirements, fee waivers, relaxation of controls on architectural
materials, relaxation of parking lot landscaping requirements and
relaxation of proof of parking requirements. In the Downtown district,
for example, there are currently no setback requirements. This is
advantageous in that a smaller parcel of land is needed to support a
given size building. This advantage could also be extended to the other
L zoning districts. Staff believes that, depending on the underlying
. ~ Tu zoning district, some or all of these incentives might be appropriate.
.L ~l Some input from the Council on the matter of incentives will help staff
"~ vJ\ .r.orI' to develop an ordinance which responds to community needs and the
--c\~ ,VdesiresO::JA;1.t. ~ e 1( 'f/Z ~.
<,p.. -to 'PI ~'V.\ :n~:ion Staff believes that an overlay district can be developed
~ which will be responsive to the communities needs and reflective of
the Council's policy in this regard. However, staff is requesting
Council input regarding the four issues which were discussed. With
this input, staff will develop the specific language of the ordinance.
The Council should determine whether it wishes to see the draft
language before a public hearing before the Planning Commission is
scheduled.
ALTERNATIVES:
1. Direct staff to develop a draft ordinance as recommended and to set
a date for a public hearing.
2. Direct staff to develop a draft ordinance with modifications as
directed and to set a date for a public hearing
3. Refer back to staff for further research and development
RECOMMENDED
MOTION:
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Tl 11
Cnapter 17.37 SENIOR HOUSING OVERLAY DISTRICT
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Chapter 17.37 SENIOR HOUSING OVERLAY DISTRICT
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17.37.010 Purpose.
17.37.020 HousinQ Qoals.
17.37.030 Policies and implementation.
17.37.040 Establishment.
17.37.050 Development incentives.
17.37.060 Development agreement required.
17.37.070 Admiffi;;trative QUidelines.
01/30/9818:36:0.
II
II
17.37.02C Housing goal!=:.
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Title 17 ZONING
Chapter 17.37 SENIOR HOUSING OVERLAY DISTRICT
17.37.020 Housing goals.
A. To provide new housing at the highest feasible densities consistent with environmental constraints, the
capacity of municipal services and facilities, and existing development patterns.
B. To ensure that new housing includes some units that meet the needs of special population groups
identified in this housing element. (Ord. 327 S 1 (part), 1986)
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01/30/9818:21:36
,17.37.040 Establishment
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Title 17 ZONING
Chapter 17.37 SENIOR HOUSING OVERLAY DISTRICT
17.37.040 Establishment.
The senior housing overlay district requires the presence of certain conditions before it can be applied for
or attached to a specific parcel ofland:
A. Appropriate base district zoning.
B. Land uses in the immediate and surrounding area, current and projected, must be compatible with the
living environment required by senior citizens and must be free of health, safety or noise problems.
C. Area infrastructure must be in place or constructed as part of the project and capable of serving the
proposed project including:
1. Streets;
2. Sidewalks;
3. Traffic signals;
4. Pedestrian circulation;
5. Other infrastructure as required by the city.
D. The proposed site shall be a reasonable distance from commercial establishments, service providers
and other amenities including:
1. Food shopping;
2. Pharmacy;
3. Banks;
4. Public transportation;
5. Open space/recreational facilities;
6. Other services as determined by the city. (This list may be modified at the option of the city.) (Ord. 327
S 1 (part), 1986)
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II II
17.37.000 Ueveilopment Incentives.
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Title 17 ZONING
Chapter 17.37 SENIOR HOUSING OVERLAY DISTRICT
17.37.050 Development incentives.
A. In order to reduce development costs associated with the construction of housing oriented toward
senior citizens of very low, low and moderate income, the city is prepared to offer a developer some or
all of the following incentives, depending upon the quality, size, nature, and scope of the project
proposed:
1. Reduction in required off-street parking requirements (design and ratios);
2. Dwelling unit density bonus;
3. Reduced dwelling unit sizes;
4. Fee waivers/reductions;
5. Priority fast track processing.
B. All development incentives requested and subsequently om ~d are subject to negotiation between the
city/agency and the project developer, and will be granted bas~:d upon that amount of incentive necessary
to place per unit montWy rental costs in the range affordable tL.. the target population. (Ord. 327 S 1
(part), 1986)
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lVIEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
MAY 15, 2000
9B
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF REPORT OUTLINING PROCESS
FOR DEALING \VITH SENIOR CARE FACILITIES IN THE
ZONING ORDINANCE
History: At the May 1 st Council meeting, the Council discussed a
proposal by Councilmember Gundlach to modify the way in which
senior care facilities are dealt with in the zoning ordinance. Following
the discussion, the Council directed Staff to prepare an outline for an
ordinance amendment which would allow senior care facilities in
commercial districts as well as the high density residential district.
Current Circumstances: At present, the Zoning Ordinance only
regulates "elderly housing" which is defined as multiple family
dwellings where at least 60% of the units are inhabited by persons at
least 60 years of age. "Elderly housing" is presently allowed only in
the R-4 High Density Residential district. Nursing homes are also
allowed in the R-4 district.
Issues: There is a continuum of care being provided today for senior
citizens ranging from congregate care facilities, which provide meals
and some social activities, to assisted living facilities, which offer
some medical care and assistance in daily routines, to memory care,
which provides comprehensive care for persons suffering from
Alzheimer's disease. Nursing homes offer the highest level of care.
At present, the Zoning Ordinance only recognizes senior housing and
nursing homes. Given the fact people live longer, the Council has
determined there is a need for the City's Zoning Ordinance to provide
for various types of housing, and to provide a mechanism whereby
these facilities can be integrated into the community.
Proposed ADproach: Staff is proposing the following methodology in
developing the ordinance amendments.
· Review planning literature dealing with senior care facilities
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RECOMMENDED
MOTION:
REVIE\VED BY:
. Formulate criteria and standards for senior care uses
This process is expected to be completed in 30 days.
Based on the discussion with the Council on May 1, staff is pursuing
the idea of regulating senior care uses as conditional uses in several
zoning districts, in addition to the R-4 district. Presently, staff is
considering adding "senior care" uses, a term to be defined, in the R-2,
R-3, C-2, C-3 and C-4 districts. The ordinance amendment would also
include criteria for this use.
We have not suggested this use in the R-l district, primarily because
much of the area zoned R-l is not conveniently located relative to
many of the support facilities and land uses senior care uses require.
In addition, we have not suggested senior care be located in the C-l
Neighborhood Commercial districts because these districts tend to be
relatively small. Senior care is also not recommended in the C-5
Business Park district and the I-I Industrial district because of general
incompatibility of uses.
As noted, we will develop standards and criteria for locating senior
care facilities in the other zoning districts. It is likely that these
standards and criteria may differ somewhat from district to district
because of differences in land uses and the location of these districts in
the community. The criteria or conditions of this use may include such
things as:
. locational considerations
. land use relationships
. support services
. density
. architecture
. access
. additional criteria developed as a result of our research.
Once these standards and criteria are developed, the ordinance ./'
amendment will be drafted for preliminary review by the City Council.
If satisfactory, the Council can then initiate an amendment and staff
will schedule a public hearing before the Planning Commission.
Motion to accept report
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