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HomeMy WebLinkAbout5J Amend Ordinance re Senior Care Facility O � PRip� � � v � 4646 Dakota Street SE Prior Lake, MN 55372 �MNESO� CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 13, 2014 AGENDA #: 5J PREPARED BY: DAN ROGNESS, COMMUNITY 8� ECONOMIC DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION DIRECTING THE PLANNING COMMISSION TO CONDUCT A PUBLIC HEARING ON A PROPOSED AMEND- MENT TO THE ZONING ORDINANCE RELATED TO SENIOR CARE FACILI- TIES DISCUSSION: Introduction The purpose of this item is to direct the Planning Commission to begin the formal review process of amending the city's Zoning Ordinance to include senior care fa- cilities in commercial zones. This action was recommended by the EDA due to economic development potential for this type of land use. Hi StOry Prior to a comprehensive amendment to the city's Zoning Ordinance in 2009, Prior Lake had an overlay district, "Senior Care (SC)" that was permitted in the R-2, R-3, R-4, C-2, C-3 and C-4 Use Districts. That overlay district applied to assisted living, congregate care and senior care facilities (not including nursing homes). In 2009, that overlay district was removed from the Zoning Ordinance, but staff is uncertain as to why. The Keystone senior housing development of 107 units was constructed in 2003 using the overlay district in the General Business (C-2) Use District. Current Circumstances A broker recently approached city staff to propose a senior assisted living and memory care facility in a commercial use district. However, the only reference to senior housing and/or senior care facilities in the current Zoning Ordinance includes "Elderly Housing", or as a use that would be defined within an approved PUD. The definition of "Elderly Housing" refers to a development intended and operated for occupancy by at least one person 55 years of age or older per unit provided that at least 80% of the units have such occupancy. According to the City Attorney, this definition could include developments that provide senior care as well as develop- ments that provide market rate housing for the elderly. Elderly housing is only per- mitted in the High Density Residential (R-3) Use District as a CUP. Conclusion The EDA discussed this issue at its December 16th meeting, and it approved a mo- tion to request that a process begin to amend the Zoning Ordinance related to senior care facilities. Unlike market rate senior housing, this type of land use is in- tensive for services and corresponding employment, which is an economic devel- opment achievement for jobs and tax base. Some members of the EDA thought that at least 50% of a senior housing units in a development should provide senior care services in order to be considered a use compatible in the commercial zone. This land use could be added to the city's commercial zoning district(s), either as a permitted or conditionally permitted use, or something similar to the previous Sen- ior Care Overlay District. ISSUES: The Planning Commission and staff will work together to propose a zoning text amendment prior to holding a public hearing. FINANCIAL None I M PACT: ALTERNATIVES: 1. Motion and second to approve a resolution directing the planning commission to conduct a public hearing on a proposed amendment to the Zoning Ordi- nance related to senior care facilities. 2. Motion and second to deny the resolution. 3. Motion and second to table action and request staff to provide additional infor- mation as directed by the City Council. RECOMMENDED Staff recommends Alternative #1 MOTION: ATTACHMENTS: Ordinances No. 00-20 and No. 00-24, amending Section 1106A, Senior Care (SC) Overlay District (which was subsequently deleted in 2009) � o .� PRlp� � � U � 4646 Dakota Street SE '�IN�so`��' Prior Lake, MN 55372 RESOLUTION 14-xxx A RESOLUTION DIRECTING THE PLANNING COMMISSION TO CONDUCT A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE RELATED TO SENIOR CARE FACILITIES Motion By: Second By: WHEREAS, The City of Prior Lake only allows Elderly Housing as a conditional use in the High Density Residential (R-3) Use District, which includes housing with senior care services; and WHEREAS, Prior to 2009, the Prior Lake Zoning Ordinance had a Senior Care (SC) Overlay District for all commercial zoning districts; and WHEREAS, The Prior Lake Economic Development Authority (EDA) recommends that a public hearing process be initiated to consider further amendments to the Zoning Ordinance in order to allow senior care facilities in one or more commercial zoning districts, such as residential facilities with assisted living andlor memory care services. WHEREAS, The City Council finds that it is in the public interest to consider amendments to the Zoning Ordinance that would allow senior care facilities in commercial zoning districts. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council of Prior Lake directs the Planning Commission to propose amendments to the Zoning Ordinance that would allow senior care facilities in one or more commercial zoning districts and to subsequently conduct a public hearing. PASSED AND ADOPTED THIS 13th DAY OF January, 2014. YES NO Hedber Hedber Keene Keene McGuire McGuire - Morton Morton Souku Souku Frank Boyles, City Manager . O� 'PRj O,�+ H � � � V � " �jNN ES�� � . CITY QF PRIOR LAKE ORDINANCE NO. 00-20 AN ORDINANCE AMENY?ING SECTIONS 1103 AND 1106 UF THE PItIOR � LAKE CIT'Y CODE The Ciry Counail o£ the City of Prior Lake does hereby ordain that: 1. The Prior Lake City Code is hereby amended by adding the following new section: 1106A-Senior Care (SG'� Overlav Dfstrict 1106A.100 Purpose and intent. The intent in allowing Senior Care as an overlay dishict is to encourage the development of senior care facilities and to facilitate the development of such facilities. The Senior Care (SC} Overiay Disfiricf is established for the purpose of allowing senior care facilities in close proximity ta support services and complemantary land uses. �t is the intent of #his District to provide for flexibility in the sifing and � davelopment of sttch facili#ies necessary to facilitate the development and conshuction of senior care facilities such as assisted living and congregate care developments. -It is also intended to implement the housing goals and policies in tha City's Comprehensive Plan. 1106A.200 Definitions • Assisted Livin��Facilitv. A residential facility providing a combination of housing, meals, support services, limitect medical care and assistance with activities af daily living. • Con�re�ate Cara Facilitv. A residential facility designed to accommodate independent living which also provides a variety of support services such as meals, laundry, housekeeping, transportation and social and recreat[onal activities. • Senior Care Facilities. A residential facility where at least 80% of the residents are SS yeats of age or older. Services available tn residants cover a broad range of activities from social opportunities to med�cal care. The term includes assisted living and congregate care. It does not include nursing homes licensed by the State of Minnesota. 11Q6A.300 Permitted Uses. Land uses parmitted in the SC Overlay Districf are senior eare facitities, assisted living faciiities and eongregate care facilities. Tha specific details of these uses must be approved as part of the application for the ovsrlay district. 1106A.404 A lication. The SC Overlay District may only be applied in ttie following ' use districks: R-2, R-3, R-4 and C-3. Tn residential use districts, the allowabla dwelling � r:brdinanc1200010Q-20.doc PAQ� 1 16200 Eagle Creek Ave. S.E,, Arior l..ake, Minnesota 55372-1714 / Ah. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUE�i'EV EMPLOYER i . _ unit de�lsity for a senior care facility may not exceecl the altowable dansity in the underlying use district. In the C-3 Use District, the maxunum dwalling unit density shall not exceed 5U units per acre. The developmant a:f a senior care facility is subject to all applicable requiremcnts of the underlying use district except as modified according to the provisions of Section I IObA.600, 1106A,SQ0 Criteria for a lication of the Senior Care Overla District. IlQ6A.501 Proximi _to support facitities. The applicant for any senior care overlay district proposed for development shalf demonstrata that the proposed site is readity accessible to health care facilitics, zetail shopping, religious institutians, pubfic transportation and other supporting facilities and activities. The City Council, in its sole discretion, shall dc#ermine the adequacy and availability of such supporting facilities. The degree to which the senior care facility is in close proximity to these services and facili#ias will deterntine the degree to which incentives for development will be granted. ! 1 I06A.S02 Incentives. As an inducement to encourage the development vf seniar care facilities, the City Council may considar certain incentives. These incentives include increases in building height, decreased setbacks, increases in floor ares ratios and ground floor area ratios, modification of landscaping requirements, fee waivers, relaxahon of controls on architectural materials, relaxation of fencing regulations, relaxafion of parking lot landscaping requirements and relaxation of proof of parking requirements. In the C-3 Use District, the City Courtcil may also eonsider a relaxation of open space requirements due to the proximity to Lakefront Park. In the initial appiication, the applicant shall provide a scheduie showing which incentives are being saught and supporting evidence tvhich shows the justificatian for the incentives, including an analysis of tha degree to , which the criteria in Section 1106A,501 have been met. The City Cauncil, in its sole discration wilI determine which, if any incentives will be granted to a specific project. IlO6A.b00 Madifications. In addition to the incentives outlined in Section 1106A.502, modifications to the requirements af the anderlying use district may be approved. Any modifications requestccl pursuant to this section shall be identified in the initial application. Any modifications shall be consistent with the goals and policies of ttie Comprehansive Plan and shall be approved upon a finding that the modification does not significantly adversely affect surrounding properties. Such modifications shall be approved as part of the SC Overlay District and shall be inclndetl in the resolution approving the SC Overlay District and in the development agreement required in seoNon l 1 Q6A.700. 1106A.700 Restrictive Covenant and Development Contract. � � � I I IObA.701 Restrictive Covenant. Upon approval of a SC Overlay District for a senior � caze facility, the applicant shalt record a restrictive covenant on the property that states � fhe type and exfent of care to be provided and limifing occupaney vf the facility to no more than 20% of the residents under the age of 55 years. I r,lordinanc�2000100-20.doc PAGB 2 ' i i . � ! � I106A.702 Develoumerit Contract. The City and developer of a SC Overlay District shall execute a Development Contract which shall incorporate the resolution appraving the SC Overlay District and all conditions set forth in the resolution, The Deveiopment Contract shall reguire the developer to provide an irrevocable letter of credit provided by a fmancial instilution licensed in the State of Minnesota and acceptabla to the City. T`he letter of credit shafl reference the Devetopment Contract and be in an amount sufficient to inst�te the provision or deveiopment af improvements called for by the Development Contract. 1106A,.800 Admini:stration. �uj application for SC Overlay District shall be processed and administered under the provisions of Section i1U8.200 of this ordinance. This application shall include identification of the overlay disbrict houndaries and specific site development details. The submittal require�nents are included in Section I 108.245, 2. Section 1103.100 is amended to read as follows: 1103.10Q OVER.LAY DISTRICTS. The provis�ons of Sections 1103 through 1106A govarn the use of land within the Ovarlay Districts. The Overlay Districts are Use Districts that encompass one or more underlying Use Districts and that impose additional requirements above that required by the w�derlying Use District. The Overlay Disiricts include: 1104 Shorcland 1105 �foodplain I l Ob Planned Unit Deve2opments 1106A Sanior Care This ordinance shall become effeetive from and aftcr its passage and publieation. Unanimously passed by the City Council of the City of Prior Lake this Sth day of September, 20Q4. AT7E`�S'�: • fS/ /S/ � C:ity 1VlanagEr Mayor Publislied 'ui the Prior Lake American on the 9th day of September, 2000. JJtafted By: City of Prtor Leke Ptenning Aepartmeet 16200 Eagle Creek Avenue Prtor Lake, MN 55372 r:brdinenc12000100•20.doc PAC�B 3 0 � PRI�� . ti y . � � � v � ' � CITY OF PRIOR LAKE • O1iDINANCE NO. 00-:2y AN ORDIN`ANCE AME1�iDING SECTIpN 1106A.400 OF THE PRIOR LAKE CITY CUDE � The City Council of the City of-Prior Lake does hereby ordain that; 1. The Section 11U6A, 440 of tha Prior Lake City Code is hereby amended by adding � the language in bold italics; �� 1106A.400 Avnlication.. �Th$ SC Overlay District may only be applied in the following use districts: R�2, R-3, R-4, C 2, a�—C-3, and C-4,� In residential use distric#s, tha allowable dwellittg unit density for a senior cara faoility may not exceed the allowable density in the underlying use district. Xn the Commerc�ai tTse Dlsfricts, except fot the C � 3 Use .U�strlct, the maxlntu�n dwe111ng unit dehsify shall nnt exeeed 30 dwelding u�its per acr� In the C-3 Use District, fha maximum dwelling unit denslty shall not exceed 50 .- units per acre. The devoIopment of a sanior care facility is subject to all applieable : requirements of the underlying use district except as modified according to the provislons of Section 1106A.600, � This ordinance shall become effective from and af�er its passage and publication. � • Passed by the City Council of the City ofPrior Lake this bth day of November, 2000. ATT�ST: . �o .t. {2/! i l�if Gt. ,. City M ge • Msyor � � Published in the Prior Lake American on ttie l lth day ofNovember, 2000, AraRed By: . City of Prior Lake Planning Department � 16200 Eagte GYeek Avenue � - Prior Lake, MN 55372 _ 1:\OOf31es�ODordandtzoningWO-0T41ordODxx.doc PAQB I 1620� Eagle Creek Ave. S.E., Prtor L.ake, M[nnesota 55372-1714 / Ph. (612) 447-4230 / Fax {612) 447-4245 AN �QUAi.OPAORNN(fY EMPLdYER • �