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HomeMy WebLinkAbout4G - Day Care Facilities Ord. 93-14 AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: ALTERNATIVES: STAFF AGENDA REPORT 4 (g) DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER APPROVAL OF ORDINANCE 93-14 AMENDING THE ZONING ORDINANCE TO ADD REGULATIONS REGARDING LICENSED RESIDENTIAL FACILITIES. JULY 19,1993 The purpose of this item is to consider approval of a proposed amendment to Prior Lake Zoning Ordinance 83-6. The proposal is a house keeping amendment proposed in order to bring the Zoning Ordinance into consistency with Minnesota Statutes 462.357 Subd. 7 and Subd. 8. (See attached MS excerpt for details. The Planning Commission held the public hearing on this issue on June 3 and 17, 1993. The recommendation from the Commission is to approve Ordinance 93-14 as proposed. See attached Planning Commission minutes dated June 17, 1993 for details. 1. 2. Approve Ordinance 93-14 as proposed. Continue or table the item for specific purposes. RECOMMENDATION: Alternative # 1. ACTION REQUIRED: A motion as part of the consent agenda to approve Ordinance 93-14. 'ZOO6Cl' -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER Vote taken signified ayes by Loftus, Arnold, Roseth, and Greenfield. MOTION CARRIED. Commissioner Greenfield reviewed the upcoming schedule for the Planning Commission. Discussion followed on the results of the Neighborhood Distrid Meetings. ITEM IV . PUBLIC HEARING CONTINUED · LICENSED RESIDENTIAL CARE FACILITIES Deb Garross, Assistant City Planner, presented the information as per planning report of June 17, 1993. An outline of the proposed amendment for Prior Lake Zoning Ordinance 83-6 was given. The proposal is a housekeeping amendment in order to bring the Zoning Ordinance into consistency with Minnesota Statutes 462.357 Subd.7 and Subd.8. The change in this Ordinance specifies that the licensed residential care facilities cannot be restricted from single family and multifamily residential zoning districts. The statute requires that state licensed residential facilities serving six or fewer persons; licensed day care facilities serving 12 or fewer persons; and group family day care facilities licensed under Minnesota Rules which serve 14 or fewer children .Shall" be a permitted use within single family zoning districts. Therefore, the proposed amendment lists those uses as permitted uses in the R-1, Urban Residential Zone. Even though the existing Zoning Ordinance does not list the uses proposed in the amendment, an individual could not be prohibited from conducting the use within the specified zones, provided that the use is consistent with the statute. Discussion followed on the amendment. MOTION BY GREENFIELD, SECOND BY ARNOLD, TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF THE AMENDMENT TO PRIOR LAKE ORDINANCE 83-6 AND TO ADOPT ORDINANCE 93-14. RATIONALE BEING THIS AMENDMENT WILL BRING THE ZONING ORDINANCE INTO CONSISTENCY WITH MINNESOTA STATUTES 462.357 SUBDIVISION 7 AND SUBDIVISION 8. Vote taken signified ayes by Greenfield, Arnold, Roseth, and loftus. MOTION CARRIED. MOTION BY LOFTUS, SECOND BY GREENFIELD, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by loftus, Greenfield, loftus, and Roseth. MOTION CARRIED. Public Hearing closed at 9:15 P.M. MOTION BY GREENFIELD, SECOND BY ARNOLD, TO ADJOURN THE MEETING. Vote taken signified ayes by Greenfield, Arnold, Roseth, and loftus. MOTION CARRIED. The meeting adjourned at 9:16 P.M. Tapes of the meeting are on file at City Hall. Horst W. Graser Director of Planning Rita M. Schewe Recording Secretary PLANNING COMMISSION June 17.1993 Page 3 ZOO5PC.WRT PLANNING REPORT AGENDA ITEM: SUBJECT: 2 CONSIDER ZONING ORDINANCE AMENDMENT RE: LICENSED RESIDENTIAL FACU,ITIES DEB GARROSS, ASSISTANT CITY PLANNER X YES_NO JUNE 3, 1993 PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: The purpose of this item is to hold a public hearing to consider a proposed amendment to Prior Lake Zoning Ordinance 83-6. The proposal is a house keeping amendment proposed in order to bring the Zoning Ordinance into consistency with Minnesota Statutes 462.357 Subd. 7 and Subd. 8. (See attached MS excerpt for details). DISCUSSION: The proposal is to add Licensed day care facilities serving 12 or fewer persons; State licensed residential facilities serving 6 or fewer persons; and Licensed group family day care facilities to serve 14 or fewer children as permitted uses in the R-l, Urban Residential District The R-2, Urban Residential; R-3, Multiple Residential and R-4, Mixed Code Residential Districts are proposed to be amended adding the following as conditional uses within each respective district: Licensed day care facilities serving 13 or more persons and State licensed residential facilities serving 7 to 16 persons. ALTERNATIVES: 1. Recommend that the City Council adopt Ordinance 93-14. 2. Table this issue for further information. RECOMMENDATION: Alternative 1. A motion to recommend that the City Council adopt Ordinance 93-14. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 ZOOSPl PLANNING REPORT AGENDA ITEM: SUBJECT: 3 CONTINUE DISCUSSION OF LICENSED RESIDENTIAL CARE FACILITIES DEB GARROSS, ASSISTANT CITY PLANNER X YES_NO JUNE 17, 1993 PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: The purpose of this item is to continue a public hearing to consider a proposed amendment to Prior Lake Zoning Ordinance 83-6. The proposal is a house keeping amendment proposed in order to bring the Zoning Ordinance into consistency with Minnesota Statutes 462.357 Subd. 7 and Subd. 8. (See attached MS excerpt for details). DISCUSSION: The amendment proposed is a simple change in the Ordinance. M.S. ~ 462.357 Subd. 7 and 8, specify that the listed licensed residential care facilities cannot be restricted from single family and multifamily residential zoning districts. The uses. listed in the statute are permitted regardless of whether they are listed in Prior Lake's Zoning Ordinance. Staff felt that since the uses are permitted by statute, it would be appropriate to list the uses in the Zoning Ordinance for public information. The statute requires that state licensed residential facilities selVing six or fewer persons; licensed day care facilities serving 12 or fewer persons; and group family day care facilities licensed under Minnesota Rules which serve 14 or fewer children "Shall" be a permitted use within single family zoning districts. Therefore, the proposed amendment lists those uses as permitted uses in the R-l, Urban Residential Zone. The statute provides that state licensed residential facilities selVing from 7-16 persons or licensed day care facility serving from 13 - 16 persons shall be considered as a permitted or conditional use within multifamily zoning districts. Staff felt it appropriate to list the uses as conditional uses because discretion is allowed by the statute to use a conditional use permit process to assure proper maintenance and operation of a facility provided no conditions shall be imposed on the facility which are more restrictive that those imposed on other conditional uses of residential property in the same zones. 4629 Dakota 51. 5E., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER The Planning Commission may allow the licensed facilities as pennitted uses within the multifamily district however, staff recommends that the conditional use process be utilized in order to allow the Commission and City Council the opportunity to review each application for consistency with adjacent uses in the multifamily districts. The Zoning Ordinance stipulates that any use not listed as a pennitted or conditional use is prohibited within the Zoning district Therefore, there is no assumption that certain facilities are pennitted, unless specifically listed in the Zoning Ordinance. There is only one residential care facility serving senior adults within the R-l Zone. There are a number of day care facilities for children which are operated out of single family homes within the R-l Zoning district The other uses listed in the statute are not known to exist within Prior Lake. Again, the purpose of this item is to be consistent with the statute. Even though the existing Zoning Ordinance does not list the uses proposed in the amendment, an individual could not be prohibited from conducting the use within the specified zones, provided that the use is consistent with the statute. The uses proposed in the multifamily districts are listed as conditional uses because the statute allows it. It would be appropriate to utilize the conditional use process rather than a permitted use in order to allow the City the opportunity to review the use in relation to adjacent development and place conditions upon the use to mitigate negative impact on other properties. ALTERNATIVES: 1. Recommend that the City Council adopt Ordinance ~3-14. 2. Table this issue for further information. RECOMMENDATION: Alternative 1. A motion to recommend that the City Council adopt Ordinance 93-14. 04452.357 HOUSING, REDEVELOPMENT. PLANNING, ZONING 9406 should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. For purposes of subdivisions 6a through 9, -person" bas the meaning given in section 24SA.02, subdivision II. Subd. 7. Permitted single f'amily use. A state licensed residential facility serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.031 S to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning. Subd. 8. Permitted moltif'amily use. Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning regulation as authorized by this subdivi- sion, a state licensed residential facility serving from 7 through 16 persons or a licensed day care facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for. purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility. Nothing herein shall be construed to exclude or prohibit residen- tial or day care facilities from single family zones if otherwise permitted by a local zon- ing regulation." Histol')': 1965 c 670 s 7; 1969 c 259 s I; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 1973 c 539 s I; 1973 c 559 s 1,2; 1975 c 60 s 2; 1978 c 786 s 14.15; Ex1979 c 2 s 42.43; 1981 c 356 s 248,' 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 c 194 s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47,' 1990 c 568 art 2 s 66,67 462.358 PROCEDURE FOR PLAN EFFEcruATION; SUBDIVISION REGULA- TIONS. Subdivision 1. [Repealed. 1980 c 566 s 35] Subd. II. Authority. To protect and promote the public health, safety, and general welfare, to provide for the orderly, economic, and safe development ofland, to preserve agricultural lands, to promote the availability of housing affordable to persons and fam- ilies of all income levels, and to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds. and other public services and facilities, a municipality may by ordinance adopt subdivision regulations establishing standards, requirements, and procedures for the review and approval or disapproval of subdivisions. The regulations may contain varied provisions respecting, and be made applicable only to, certain classes or kinds of subdivisions. The regulations shall be uniform for each class or kind of subdivision. A municipality may by resolution extend the application of its subdivision regula- tions to unincorporated territory located within two miles of its limits in any direction but not in a town which has adopted subdivision regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the subdivision of land equal distance from its boundaries within this area. Subd. 2. [Repealed. 1980 c 566 s 35] Subd. 2a. Terms OfreguladODS. The s~dards and requirements in the regulations may address without limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and design of sites; access to solar energy; and the protection and conservation of tlood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features. The regulations shall require that subdivisions be consistent with the municipality's official map if one exists and its zoning ordinance, and may require con- "Z0050R" CITY OF PRIOR LAKE Ordinance No. 93-14 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 5, CHAPTER 3; AND PRIOR LAKE ZONING ORDINANCE 83-6. The Council of the City of Prior Lake does hereby ordain the following sections be amended as follows: R-1 URBAN RESIDENTIAL Permitted Uses 8. Licensed day care facilities servin9 12 or fewer persons. 9. State licensed residential faci1it1es serving 6 or fewer persons. 10. Licensed group family day care facilities to serve 14 or fewer children. R-2 URBAN RESIDENTIAL Conditional Uses 7. Licensed day care facilities serving 13 or more persons. 18. State licensed residential facilities serving 7 to 16 persons. R-3 MULTIPLE RESIDENTIAL Conditional Uses 12. Licensed day care facilities servin9 13 or more persons. 14. State licensed residential faci11ties serving 7 to 16 persons. R-4 MIXED CODE RESIDENTIAL Conditional Uses 3. Licensed day care facilities servin9 13 or more persons. 8. State licensed residential faci11ties serving 7 to 16 persons. This Ordinance shall become effective from and after its passage and publication. Passed by the City day of Council of the , 1993. City of Prior Lake this ATTEST: city Manager Mayor Published in the Prior Lake American on the ____ day of 1993. DRAFTED BY: Lommen, Nelson, Cole & stageberg, P.A. 1800 IDS Center Minneapolis, MN 55402 "Z005PN" NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE PRIOR LAKE CITY CODE AND ZONING ORDINANCE You are hereby notified that the Planning Commission will hold a Public Hearing in the Prior Lake City Council Chambers at 4629 Dakota street S.E., on Thursday, June 3, 1993 at 8:00 p.m. The purpose of the public hearing is to consider an amendment to the Prior Lake City Code and Zoning Ordinance to allow day care and residential care facilities as permitted and conditional uses within the R-1, R-2, R-3 and R-4 Residential Zoning Districts. The amendments are proposed in order to bring the Prior Lake City Code and Zonin9 Ordinance into compliance with Minnesota state statutes. Spec~fically Licensed dar care facilities serving 12 or fewer persons: state 1 censed residential facilities serving 6 or fewer persons and: licensed group family day care facilities to serve 14 or fewer children are proposed to be permitted uses within the R-1, 'Urban Residential Zoning District. within the R-2, Urban Residential, R-3 Multiple Residential and R-4 Mixed Code Residential Zoning Districts, licensed day care facilities serving 13 or more persons and state licensed residential facilities serving 7 to 16 persons are proposed to be conditional uses. If you desire to be heard in reference to this matter, you should attend this public hearing. The Planning Commission will accept oral and or written comments. If you have 9Uestions regarding this matter, contact the Prior Lake Plann~ng Department at 44iiJWifvfHhV Deb Garross Assistant City Planner To be published in the Prior 22 and 29, 1993. Lake American on Saturday, May 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER PUBLIC HEARING THURSDAY, JUl(E 3, 1992 ZONIBG ORDIBANCE AMENDMENT TO ADD LICENSED RESIDENTIAL CARE FACILITIES REGULATIONS <DNDUCl'ED BY THE PIANNIR2 <n1MISSION This Public Hearing is scheduled for 8:00 P.M. . The Planning Camnission welcanes your conments. In faimess to all woo choose to speak, we do request that after having spoken once, you limit further cormnents to pertinent or new infonnation. Thank you. ATl'EHWD - PLEASE PRIm' mME ADDRESS TELEPHONE t - ~..~, "'~ :' ~: ;..