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HomeMy WebLinkAbout10A Amend Ordinance re Senior Care Facilities 01 PRlp 4646 Dakota Street SE Prior Lake, MN 55372 4 /NNESO� P CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 10, 2014 AGENDA #: 10A PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTIONS 1101.1000 AND 1102.1102 OF THE ZONING ORDINANCE TO INCLUDE SENIOR CARE FACILITY AS A PERMITTED USE IN THE GENERAL BUSI- NESS (C -2) USE DISTRICT DISCUSSION: Introduction The purpose of this item is to consider a proposed amendment to the city's Zoning Ordinance to include senior care facilities in the General Business (C- 2) Use District. This action was recommended by the EDA due to economic development potential for this type of land use, and further initiated by the City Council on January 13. History 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 due to its lack of use. The Keystone senior housing development of 107 units was constructed in 2003 using the overlay district in the General Business (C- 2) Use District. 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 devel- opment 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 occu- pancy. According to the City Attorney, this definition could include develop- ments that provide senior care as well as developments that provide market rate housing for the elderly. Elderly housing is only permitted in the High Den- sity Residential (R -3) Use District as a CUP. Current Circumstances Staff presented a proposed amendment to the Planning Commission on Janu- ary 21, 2014, and a public hearing was held on February 3, 2014. During these meetings some research was provided related to the following items: 1. In addition to the Keystone development in Prior Lake, other similar sample developments in the area showed that the percentage of care units were in the 40 -50 percent range. The EDA suggested that a min- imum of 50 percent be considered, but the Planning Commission has recommended 40 percent. 2. Nursing Homes are defined separately in the city's Zoning Ordinance, and further permitted (with conditions) in the R -3 Use District. The state's statutory definition of "Nursing Home" means a facility or that part of a facility with provides nursing care to five or more persons. This type of use would seem to be satisfactory within the definition of Senior Care Facility, assuming that the minimum age and service percentages are fully satisfied for all units. 3. The parking standards for Elderly Housing require 0.5 spaces per unit; staff feels that a higher ratio is necessary for a Senior Care Facility due to the number of employees and visitors. Underground parking will typ- ically be provided for tenants with additional surface parking provided for staff and visitors. Staff recommends a ratio of 1.0 space per unit. Conclusion Unlike market rate senior housing, this type of land use is intensive for services and corresponding employment, which is an economic development achieve- ment 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 previ- ous Senior Care Overlay District. Staff is proposing to include "Senior Care Facility" as a newly defined use within the General Business (C -2) Use District in Subsection 1102.1102, Uses Permitted with Conditions, as shown in Attach- ment 2. ISSUES: This use is supporting Keystone as a viable commercial district use, and further supporting future senior care applications within the C -2 districts of Prior Lake. ALTERNATIVES: 1. Adopt an ordinance amending the city's Zoning Ordinance to include Senior Care Facility as a permitted use in the C -2 Use District as proposed, or with amendments. 2. Table action and provide further direction to city staff. RECOMMENDED Staff recommends Alternative #1. MOTIONS: ATTACHMENTS: 1. Ordinances No. 00 -20 and No. 00 -24, amending Section 1106A, Senior Care (SC) Overlay District (which was subsequently deleted in 2009) 2. Subsection 1101.1000, Land Use Descriptions, Senior Care Facility. 3. Subsection 1102.1102, Uses Permitted with Conditions, C -2 Use District, Senior Care Facility. 2 O1 PRI% U 4646 Dakota Street SE 41 NNESol Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. XXX -XX AN ORDINANCE AMENDING SUBSECTION 1101.1000 AND SUBSECTION 1102.1102 OF THE PRIOR LAKE CITY ORDINANCE 1. The City Council of the City of Prior Lake does hereby ordain that Subsection 1101.1000 of the Prior Lake Zoning Ordinance is hereby amended as follows: 1101.1000: LAND USE DESCRIPTIONS: The land use categories permitted by this Ordinance are described in this Subsection. Subsection 1109.102 empowers the Zoning Administrator to make interpretations identifying which land use category a proposed land use fits within. (the following is an excerpt for illustrative purposes) Self- Service Storage Facility. A business consisting of a structure or group of structures containing separate storage spaces leased for the storage of goods, products, materials or other objects. Senior Care Facility. A building or buildings intended and operated for occupancy by at least one person 55 years of age or older per unit, provided that (a) at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and (b) at least 40 percent of the units are designated for supportive and/or health - related services, including but not limited to, assisted living, memory care and skilled nursing. A Nursing Home, as defined by Minnesota Statutes, is included in this definition of Senior Care Facility if (a) and (b) are satisfied. Service. On -site service provided directly to an individual; includes, but not limited to: barber shops, beauty shops, massage parlors, Laundromats, shoe repair shops, and dry cleaners where articles to be cleaned are picked up and delivered by the patron. 2. The City Council of the City of Prior Lake does hereby ordain that Subsection 1102.1102 of the Prior Lake Ordinance is hereby amended as follows: 1102.1102 Uses Permitted With Conditions. A structure or land in a "C -2" General Business Use District may be used for one or more of the following uses if its use complies with conditions stated in Subsection 1102.1300 and those specified for the use in this subsection. (the following is an excerpt for illustrative purposes) (13) Shopping Center. Conditions: a. The shopping center development shall not exceed 150,000 square feet of gross floor area. (Ord. Amd 109 -08, pub/ 06/06/09) b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. A bufferyard, as determined by Subsection 1107.2003, shall be provided along all lot lines abutting property in an "R" Use District. d. All buildings and structures shall be set back a minimum of 75 feet from any abutting property in an "R" Use District. (14) Game Rooms. Conditions: a. The hours of operation shall be consistent with Subsection 803.1000 of the City Code relating to curfews. b. The use shall be located at least 150 feet from the nearest residential structure. c. Parking shall be calculated based on all uses within the structure or tenant space, using parking standards in the City Code. d. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. (15) Senior Care Facility. Conditions: a. The maximum net density shall not exceed 30 dwelling units per acre. b. At least 50% of the building shall be constructed of Class I materials with the remaining building exterior being Class II materials, as defined in Subsection 1107.2200 of this Ordinance. c. Off- street parking for all independent living and care units shall be at a minimum of 1.0 parking space per unit. d. The property owner shall record a covenant to run with the land executed in a form approved by the City which restricts the use of the property to occupancy as required for a Senior Care Facility. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 10th day of February, 2014. ATTEST: Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 15th day of February, 2014. Drafted By: Prior Lake Community & Economic Development Department 4646 Dakota Street Prior Lake, MN 55372 2 / PRio tal 'INN E$O CITY OF PRIOR LAKE ORDINANCE NO. 00-20 AN ORDINANCE AMENDING SECTIONS 1103 AND 1106 OF THE PRIOR LAKE CITY CODE The City Council of 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 (SC) Overlay District • 1106A.100 Purpose and intent. The intent in allowing Senior Care as an overlay district is to encourage the development of senior care facilities and to facilitate the development of such facilities. The Senior Care (SC) Overlay District is established for the purpose of allowing senior care facilities in close proximity to support services and complementary land uses. It is the intent of this District to provide for flexibility in the siting and development of such facilities necessary to facilitate the development and construction of senior care facilities such as assisted living and congregate care developments. •It is also intended to implement the housing goals and policies in the City's Comprehensive Plan. 1106A.200 Definitions. • Assisted Living Facility. A residential facility providing a combination of housing, meals, support services, limited medical care and assistance with activities of daily living. • Congregate Care Facility. 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 recreational activities. • Senior Care Facilities. A residential facility where at least 80% of the residents are 55 years of age or older. Services available to residents cover a broad range of activities from social opportunities to medical care. The term includes assisted living and congregate care. It does not include nursing homes licensed by the State of Minnesota. 1106A.300 Permitted Uses. Land uses permitted in the SC Overlay District are senior care facilities, assisted living facilities and congregate care facilities. The specific details of these uses must be approved as part of the application for the overlay district. 1106A.400 Application. The SC Overlay District may only be applied in the following use districts: R -2, R -3, R -4 and C -3. In residential use districts, the allowable dwelling rlordinan02000\00- 20.doc PAGE l 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372 -1714 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 AN EQUAL OPPORTUNITY EMPLOYER unit density for a senior care facility may not exceed the allowable density in the underlying use district. In the C -3 Use District, the maximum dwelling unit density shall not exceed 50 units per acre. The development of a senior care facility is subject to all applicable requirements of the underlying use district except as modified according to the provisions of Section 1106A.600. 1106A.500 Criteria for application of the Senior Care Overlay District. 1106A.501 Proximity to support facilities. The applicant for any senior care overlay district proposed for development shall demonstrate that the proposed site is readily accessible to health care facilities, retail shopping, religious institutions, public transportation and other supporting facilities and activities. The City Council, in its sole discretion, shall determine the adequacy and availability of such supporting facilities. The degree to which the senior care facility is in close proximity to these services and facilities will determine the degree to which incentives for development will be granted. 1106A.502 Incentives. As an inducement to encourage the development of senior care facilities, the City Council may consider certain incentives. These incentives include increases in building height, decreased setbacks, increases in floor area ratios and ground floor area ratios, modification of landscaping requirements, fee waivers, relaxation of controls on architectural materials, relaxation of fencing regulations, relaxation of parking lot landscaping requirements and relaxation of proof of parking requirements. In the C -3 Use District, the City Council may also consider a relaxation of open space requirements due to the proximity to Lakefront Park. In the initial application, the applicant shall provide a schedule showing which incentives are being sought and supporting evidence which shows the justification for the incentives, including an analysis of the degree to which the criteria in Section 1106A.501 have been met. The City Council, in its sole discretion will determine which, if any incentives will be granted to a specific project. 1106A.600 Modifications. In addition to the incentives outlined in Section 1106A.502, modifications to the requirements of the underlying use district may be approved. Any modifications requested pursuant to this section shall be identified in the initial application. Any modifications shall be consistent with the goals and policies of the Comprehensive 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 included in the resolution approving the SC Overlay District and in the development agreement required in section 1106A.700. 1106A.700 Restrictive Covenant and Development Contract. 1106A.701 Restrictive Covenant. Upon approval of a SC Overlay District for a senior care facility, the applicant shall record a restrictive covenant on the property that states the type and extent of care to be provided and limiting occupancy of the facility to no more than 20% of the residents under the age of 55 years. r:lordinanc12000100- 20.doc PAGE 2 1106A.702 Development Contract. The City and developer of a SC Overlay District shall execute a Development Contract which shall incorporate the resolution approving the SC Overlay District and all conditions set forth in the resolution. The Development Contract shall require the developer to provide an irrevocable letter of credit provided by a financial institution licensed in the State of Minnesota and acceptable to the City. The letter of credit shall reference the Development Contract and be in an amount sufficient to insure the provision or development of improvements called for by the Development Contract. 1106A.800 Administration. An application for SC Overlay District shall be processed and administered under the provisions of Section 1108.200 of this ordinance. This application shall include identification of the overlay district boundaries and specific site development details. The submittal requirements are included in Section 1108.205. 2. Section 1103.100 is amended to read as follows: 1103.100 OVERLAY DISTRICTS. The provisions of Sections 1103 through 1106A govern the use of land within the Overlay 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 underlying Use District. The Overlay Districts include: 1104 Shoreland 1105 Floodplain 1106 Planned Unit Developments 1106A Senior Care This ordinance shall become effective from and after its passage and publication. Unanimously passed by the City Council of the City of Prior Lake this 5th day of September, 2000. ATTEST: /St r .. - /S/ City Manager Mayor Published in the Prior Lake American on the 9th day of September, 2000. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 r :brdinanc\2000W040.doc PAGE 3 • Ov PR jO+� 4 t1NNES6 S • CITY OF PRIOR LAKE ORDINANCE NO. 00 -:24 AN ORDINANCE AMENDING SECTION 1106A,400 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. The Section 1106A, 400 of the Prior Lake City Code is hereby amended by adding the language in bold italics: 1106A.400 Application.. The SC Overlay District may only be applied in the following use districts: R -2, R -3, R -4, C -2, and-C -3, and C-4. In residential use districts, the allowable dwelling unit density for a senior care facility may not exceed the allowable density in the underlying use district. In the Commercial Use Districts, except for the C- 3 Use District, the maximum dwelling unit density shall not eaceeed 30 dwelling units per acre. In the C -3 Use District, the maximum dwelling unit density shall not exceed 50 units per acre. The development of a senior care facility is subject to all applicable requirements of the underlying use district except as modified according to the provisions of Section 1106A.600, This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 6th day of November, 2000. ATTEST: 14 1111 ,r.m t ea !'i1 n City M :- Mayor � • Published in the Prior Lake American on the 1lth day of November, 2000, Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1: 100flfes100ordamdlzoning 100.0741ord00xx.doc PAOE 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 553724714 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 AN EQUAL OPPORTUNITY EMPLOYER 1101.1000: LAND USE DESCRIPTIONS: The land use categories permitted by this Ordinance are described in this Subsection. Subsection 1109.102 empowers the Zoning Administrator to make interpretations identifying which land use category a proposed land use fits within. (the following is an excerpt for illustrative purposes) Retail Sales, Limited. The retail sales of goods, wares, or merchandise manufactured, produced, or assembled on site and the retail sales of related products or goods which are clearly incidental and subordinate to the goods, wares, or merchandise manufactured or assembled on site. Rooming House. A building where lodging is provided for between 3 and 8 persons and is the primary residence of the owner. Lodging is available on an extended basis rather than daily or weekly. No provision for cooking is provided in any of the rooms by lodgers. Self - Service Storage Facility. A business consisting of a structure or group of structures containing separate storage spaces leased for the storage of goods, products, materials or other objects. -•'• - • 1 • 1 • .• •'1• • ..'oils .1 -I•-• .I• •.- -• • • •-• b at least one person 55 years of -ae or older per unit, provided that (a at least 80 percent of the units are occupied by at least one person 55 years of age or older per n • - d • at -. 41 •- - • th- its -r- •- ion- -1 • •••iiv -n. /•r health - related services. includin• but not limited to, assisted livina. memory care and skilled nursin•. A Nursing Home. as defined by Minnesota Statutes. is included in this definition of Senior Care Facility if (a) and (b) are satisfied. Service. On -site service provided directly to an individual; includes, but not limited to: barber shops, beauty shops, massage parlors, Laundromats, shoe repair shops, and dry cleaners where articles to be cleaned are picked up and delivered by the patron. Shopping Center. A group of commercial uses planned, developed and /or managed as a unit which has common parking facilities and contains a minimum of 50,000 square feet of total floor area. Shopping centers may include more than one building and more than one contiguous property. Theaters and restaurants with liquor which locate within shopping centers will be considered separate principal uses for establishing parking requirements. Showroom. The display of merchandise and equipment and its sale to a customer where delivery of purchased merchandise is made directly to the consumer from a warehouse. Merchandise or equipment which is sold may include, but is not limited to: furniture, appliances, plumbing fixtures, lighting and carpeting. Single - Family Dwelling, Attached. A residential structure designed to house a single - family unit from lowest level to roof, with a private outside entrance, but sharing a common wall with adjoining dwelling units. 1102.1102 Uses Permitted With Conditions. A structure or land in a "C -2" General Business Use District may be used for one or more of the following uses if its use complies with conditions stated in Subsection 1102.1300 and those specified for the use in this subsection. (1) Adult Day Care. Conditions: a. A minimum of 150 square feet of outdoor seating or exercise area shall be provided for each person under care. (2) Dry Cleaning, Laundering With Route Pick -Up and Delivery. Conditions: a. The use shall not exceed 15,000 square feet in area. b. Outside storage and parking of trucks involved in the operation of the business is limited to trucks with a manufacturer's rated cargo capacity of one or Tess. c. Outside vehicle storage shall be screened from any abutting "R" Use District by a bufferyard, as determined by Subsection 1107.2003. d. Access shall be from a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. (3) Group Day Care /Nursery School. Conditions: a. A minimum of 40 square feet of outside play space per pupil must be provided and such space shall be screened with a bufferyard Type C as defined in Subsection 1107.2005. b. An off - street pedestrian loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor play areas shall be located a minimum of 200 feet from any roadway designated in the Comprehensive Plan as a principal arterial when no physical barrier is present. When a physical barrier is present, outdoor play areas can maintain a 50 foot setback. A physical barrier shall be defined as a 20 foot increase in elevation from the road surface elevation. (4) Public Service Structures. Conditions: a. All exterior building faces shall comply with Subsection 1107.2200. b. All structures shall be located a minimum of 10 feet from any abutting property located in an "R" Use District. c. All service drives shall be paved. (5) Utility Substation. Conditions: a. No structure shall be located within 25 feet of any property line. b. No structure shall be located within 200 feet of any "R" Use District. c. A bufferyard, as determined by Subsection 1107.2003, shall be installed and maintained along all public ways. (6) Appliance, Small Engine and Bicycle Repair. Conditions: a. Engines shall not be operated or tested outside of a structure if the use is located within 300 feet of any "R" Use District. (7) Food Service. Conditions: a. A bufferyard, as determined by Subsection 1107.2003, shall be provided along all property lines which abut property in an "R" Use District. (8) Hotel /Motel. Conditions: a. All buildings and structures shall be located a minimum of 100 feet from any property in an "R" Use District. b. A bufferyard, as determined by Subsection 1107.2003, shall be provided at all lot lines abutting property in an "R" Use District. (9) In- Vehicle Sales or Service. Conditions: a. Drive - through facilities and stacking areas shall not be located immediately adjacent to any "R" Use District property line. b. A bufferyard Type B as defined in Subsection 1107.2005 shall be provided between drive - through facilities and stacking areas and adjacent streets and properties. c. Stacking shall be provided for 6 cars per customer service point and shall comply with all yard and bufferyard requirements. d. This use shall only be permitted when it can be demonstrated that the operation will not reduce the existing level of service to a lower level on adjacent streets and intersections. e. The drive - through facility shall be designed so it does not impede traffic or impair vehicular and pedestrian traffic movement, or increase the potential for pedestrian or vehicular conflicts. f. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. g. Any canopy constructed as part of this use shall be compatible with the architectural design and materials of the principal structure. (10) Medical and Dental Laboratories. Conditions: a. The use shall not generate any fumes or odors which are detectable at the property lines of the parcel on which the use is located. (11) Copy Shop. Conditions: a. The total floor area of the use shall not exceed 5,000 square feet. (12) Restaurants and Clubs and Lodges without Liquor License. Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. A bufferyard, as determined by Subsection 1107.2003, shall be installed and maintained along all property lines which abut property in an "R" Use District. (13) Shopping Center. Conditions: a. The shopping center development shall not exceed 150,000 square feet of gross floor area. Ord. Amd 109 -08, publ 06/06/09 b. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. A bufferyard, as determined by Subsection 1107.2003, shall be provided along all lot lines abutting property in an "R" Use District. d. All buildings and structures shall be set back a minimum of 75 feet from any abutting property in an "R" Use District. (14) Game Rooms. Conditions: a. The hours of operation shall be consistent with Subsection 803.1000 of the City Code relating to curfews. b. The use shall be located at least 150 feet from the nearest residential structure. c. Parking shall be calculated based on all uses within the structure or tenant space, using parking standards in the City Code. d. An adult over the age of 21 shall be on the premises during business hours in a supervisory capacity. (15) Senior Care Facility. Conditions: a. The maximum net density shall not exceed 30 dwelling units per acre. b. At least 50% of the buildi g shall be constructed of Class I materials with the remaining building exterior being Class II materials. as defined in Subsection 1107.2200 of this Ordinance. c. Off - street parking for all independent living and care units shall be at a minimum of 1.0 space per unit, d. The property owner shall record a covenant to run with the land executed in a form approved by the City which restricts the use of the property to occupancy as required for a Senior Care Facility.