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u °7. 4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: FEBRUARY 3, 2014
AGENDA #: 4C
PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
PUBLIC HEARING: YES
AGENDA ITEM: ZONING ORDINANCE AMENDMENT — SECTION 1102 USE DISTRICT REG-
ULATIONS — SENIOR CARE FACILITIES IN COMMERCIAL USE DISTRICTS
DISCUSSION: Introduction
The purpose of this item is to hold a public hearing on a proposed amendment to
the city's Zoning Ordinance to include senior care facilities in the General Busi-
ness (C-2) Use District. This action was recommended by the EDA due to eco-
nomic 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 develop-
ment 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 developments that provide market rate housing for
the elderly. Elderly housing is only permitted in the High Density Residential (R-
3) Use District as a CUP.
Current Circumstances
Staff presented a proposed amendment to the Planning Commission on January
21, 2014. Staff was asked to check with the senior care industry to make sure
that the proposed amendment fit standards within the industry. A summary of
categories of housing and care options is provided in Attachment 4. Staff also
viewed a few other senior care/housing facilities in other communities, which fur-
ther supports a proposed minimum 40% of all units being identified as care units.
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.
The parking standards require 0.5 spaces per unit; staff feels this is an appropri-
ate standard for a Senior Care Facility as well as for Elderly Housing. Under-
ground parking will typically be provided for tenants with additional surface park-
ing provided for staff and guests at that ratio or greater.
Based on this new information, staff has changed the definition of Senior Care
Facilities from its previous proposal to include a reference to skilled nursing and
nursing homes. Otherwise, the proposal made to the Planning Commission on
January 21s' has not changed.
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 previous Senior Care
Overlay District. Staff is proposing to include "Senior Care Facilities" as a newly
defined use within the General Business (C-2) Use District in Subsection
1102.1102, Uses Permitted with Conditions, as shown in Attachment 2.
ISSUES: The Planning Commission should review staff's proposed Zoning Ordinance
amendment after the public hearing, and recommend language to the City
Council for final adoption.
ALTERNATIVES:
RECOMMENDED
MOTIONS:
ATTACHMENTS:
Motion and second to recommend a Zoning Ordinance amendment for
Senior Care Facilities in the C-2 Use District as proposed, or as further
amended by the Commission
2. Motion and second to table
staff.
Staff recommends Alternative #1.
action and provide further direction to city
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.
4. Main Categories of Housing and Care Options.
CITY OF PRIOR LAKE
ORDINANCE NO. 00-20
AN ORDINANCE AMENDING SECTIONS 1.1.03 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:
( at
1106A -Senior Care SC Overly Distric,..
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 constriction 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 Facili . 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 SS
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. ication. 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
r.lordinanc12000100.20.doc PAGE i
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
f
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 Overlav District.
1106A.501 Proximi 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.
rAard1nan62000t00-20.doo 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:
�fSl� ISF
City Manager Mayor
Published in the Prior Lake American on the 9th day of September, 2000.
Drafted By:
City of Prior bake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
r:l inanOIOOOM-20.doo PAGE 3
CITY OF PRIOR LAKE
ORDINANCE NO. 00--2q
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, lir the Commercial Use Districts, except for the C-
3
3 Use District, the maximum dwelling unit density shall not exceed 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:
WIS
city
Published in the Prior Lake American on the 11th day of November, 2000.
Dratted By:
City or Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
1:100fites\00ordamd\zoning140-074\ord00xx,doe
16200 Eagle Creek Ave. S,E., Prior Lake, Minnesota 55372-1711 / Ph. (61.2) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNMY 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.
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 Nursina 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 less.
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.
151 Senior Care Facility. Conditions.
a. The maximum net density shall not exceed 30 dwelling units per acre.
b. At least 50% of the buildina shall be constructed of Class I materials with the
remaining building exterior being Class 11 materials, as defined in Subsection
1107.2200 of this Ordinance.
C. Off-street parking for all independent living and care units shall meet the
Elderly Housing parking standards in Subsection 1107.300 of this Ordinance.
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.
Elder Care Guide
• Nursing Home
o High Level of Care
o Low to Medium Level of Resident Autonomy
o Full supportive and nursing services for non-acute patients
Residential Facilities
o Low to High Level of Care
o Medium to High Level of Resident Autonomy
o Supportive and/or health-related services are provided in a residential setting
generally accommodating 4-20 people, not in a larger apartment -style facility nor
the senior's own home
o Licensure varies widely as to the services offered from "Class A" (high to low
care) to "adult foster care" (high to medium care)
o May or may not be registered as "Housing with Services" facility, depending on
type of facility or services offered
o May or may not be considered "Assisted Living" facilities, depending on if the
requirements of § 144G are met
o Examples; Adult Foster Care; Supervised Living Facility; Memory Care
Housing with Services Establishments
o Low to Medium Level of Care (unless increased services brought in by resident)
o Medium to High Level of Senior Autonomy
o Supportive and/or health-related services are provided in an apartment -style
setting or a residential setting, not the senior's own home
o Licensure varies widely as to the services offered from "Class F" (high to low
care) to "adult foster care" (medium to high care)
o May or may not be considered "Assisted Living" facilities, depending on if the
requirements of § 144G are met
Home Care
o Low to High Level of Care
a Medium to High Level of Senior Autonomy
o Supportive and/or heaith-related services brought into the senior's own home
o Personal Care Provider Organizations (PCPO) or Agencies (PCA) may provide
personal care attendants
Adult Day Services
o High to Low Level of Care
o Medium to High Level of Senior Autonomy
o Coordinated social, health, and nutritional services offered at an off-site location
for the day only, not in the senior's home, residential setting, or apartment -style
setting
o Licensure may be for "adult day services" at an off-site location or for "family
adult day services" in the operator's own home
Pearson, Randall, Schumacher & LaBore, P.A. 8 1 P a g e
Elder Care Guide
Independent Housing
o No to Low Level of Care (unless increased services brought in by resident)
o High Level of Senior Autonomy
o May be apartment -style or residential setting
o Some meals may be provided if no individual kitchen
a Some social services may be provided such as activities and transportation
o Some facilities may offer very low level supportive and/or health-related services
(i.e. medication reminder)
o Other names:
■ "Board & Lodging" since management provides room & board only and
generally does not arrange for supportive or health-related services for
the residents. "Board & Lodge with Special Services" may provide
minimum care such as assistance with medication.
■ "Active Living" to reference the type of resident for which the facility is
designed, one that is generally autonomous enough to maintain an active
lifestyle
FUTURE. Older Adults Community Consortlums
o Beginning July 1, 2009, the DHS, MDH and MN Dept of Housing Finance shall
jointly implement a demonstration project for older adult services to shift care
from nursing facilities to home-based alternatives as appropriate
o The project is intended to:
■ Ensure consumer access to a continuum of older adult services
■ Create an adequate supply of affordable home-based alternatives
■ Establish performance targets for care throughout the continuum
■ Support the management of complex conditions through greater
coordination
Figure 3 - MAIN CATEGORIES OF HOUSING & CARE OPTIONS
High to Low Level of Nursing Care (generally)
Low to High Level of Autonomy (generally)
Pearson, Randall, Schumacher & LaBore, P.A. 9 1 P a g e