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HomeMy WebLinkAbout00-20 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.I00 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 r: \ordinanc\2000\OO-20 ,doc PAGE 1 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 seuior 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. 11 06A.501 Proximity to support facilities. The applicant for any seuior 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. 1l06A.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. 11 06A. 700 Restrictive Covenant and Development Contract. 11 06A. 70 1 Restrictive Covenant. Upon approval of a SC Overlay District for a seuior 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: \ordinanc\2000\OO-20.doc PAGE 2 l106A.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 govem 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 1105 1106 11 OM Shoreland Floodplain Planned Uuit Developments Seuior 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: --.lS/ City Manager -.is/ 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:\ordinanc\2000\OO-20.doc PAGE 3 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Scott ) Stan Rolfsrod, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper. as provided by Minnesota Statute 331 A.02. 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. '2.3111 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and of type used in the composi . on and publication of the Notice: abcdefghijkImnopqrstuv Stan Rolfsrod. General Manager or his designated agent Subscribed and sworn before me on this 966 day Of~' 2000 NP':::r?dL; / e. GWEN M. RADUENZ NOTARY PUBLIC MINNESOTA . My Commission ExplresJan. 31, 2005 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $12.00 per column inch Maximum rate allowed by law for the above matter................................. $12.00 per column inch Rate actually charged for the above maller............................................... $9.25 per column inch _....-.".._'..;....~..- :'~"_...<':~ ..-'.---.'-. . ..... . ....-,~<....-,_..",: . '.' ,. "l'!Oli!OtTZ'-veVelopment Contract. ' The City arid developer of a SC Overlay ! Di.trict- shall execute a DevelQpmeIIt I Conlract..wbicIl.1/W1 ,~~'j sol . --,."-'. the SC OvCrfal' .:1 rc . ~'-'~-':c". <'" ....;___.~ District aDd all cOnditions set fOrth in _the ' resolutian. The Devel-' C_ '. dlaIIleqUirellle~1;"~tai!!J' irrevocable lcuer,of ereditprovicfed by a' financial institutionlicensedin the S_of>_ Minnesota and aceep~le to the q~"[ The letter of eredit shall refetenc~i!IC., DevelopmenlConllactlllllbe.in"",~, sufficient to' insure.. the pro"IS1(Jn,;~ developmeol of improvemenlS caljectfor, th "-'e1 ...-.....-t.. -.c'. ,"'..,' bye,""" llpIIlenI........... ",,1'\"', 1l06A.800 Administration. ,411;. . application for SC Ov~y District sba1!. be [llIl!'eSSedand administeted ~~. provisions"f Section 1108.200 .~f this. olllinance. This application 5baI1~ :identification of the ~v~r1ax cfi,'5ffi:l" bouodaries.andspedfic ojte develO\lID.'!IlL. details.Thcsubmittal ~',1IIi" 'includedioSectiooU08.~5, / '/:::fM :l;SeiiIl()n.ll~I,9P's~. "0~ read.. follows. . ""'.. ',- "'i,' 'H l103.IOOOVllRLAYDJSTRI~' The provisions of Sections IIOJ' ~&b- ., II06A govern the Use of land withiJt!be' 'Overlay Di~'Ibe Overlay Di~ are Use DistrictS lhlU enCOlDpasS QDe 'II!", 'm<>re ~g l1seDiSlriC;l$ and lhlU: j addiiiooalreqllinmientsabovelhlU, '.: by.lhe \JDderiying Use DiSlriC!-,' ;~~y .~~tri~incl~~.,.),.'j;f;i:rt4f~~: . .,.', 1104 <,K.-;" '); Sboreland. rt 'I;;,'5t;~":)' IIOS', F100dplam ':~,~ '. .....,.!l~. "~..' :~~fSerii~.'~..~ orne .~eP,~.::~~~::~-.. .. fromandaftetitsPassageandpllbli-.tion. :. - '. UoanimOllsly' passed" by the City CollDcil of the City ofPriOf"J.~thK"Sth' dayofSeptember,2OO()'.';'i'i:1. " 'a?~1i;1;,;~,:,q~;;AA,,~~i: CiIJ,."'PJiclrJ.ate~g~i -~l~=~J~~~~!O~~ILi (N)lisbedint&PrlorW';..\niajC:8zlcili j" S~y.Seplember~, 20CJ0;NO,AB?> . ',',;;;,It''. "'.' .',"" "",:""o,:'-a ":,\,\.,,,,"'--:.;j~"'i-..::r>:;..<e,...-,-,,,.,...,.,.,.........~.,. ,..,il<iI',.,.~ ." '~""''''''<<'-~''''-=-. . ....... . '..->-""~.'-.". .......',._.-:.... -..,...:-',..-.'. . .-,....,..--..-.- actequ~y" ~~ '.availabIlity' otsu.cn', j suppomngfocllilies. Thedegreeto.wbich , theseniorcare facility isincloseproxiIi:1ity .1' IOdieseservicesandJacilitiesWilIdetem1ioe . the degree to which incentives for j. development wl1l be granted.., /. .....j .~.:r.l06~'~~:e.v~e1..'o~:":.'I'." ofSen:i"" care facilities,.the aty COllDcil . inaYconsider .~ incentives~- These ,I inctI!tiyes inclllde increases inJllIilding 'j" heigIit( decreased setbacks. Increases in '. . floor. area ratios andgrolllllUloo( .l!l'O'f, J!~i'inao.4it.~!'f, ~'l:", c..-:,J'.4~iWt~.~... .~~~~~~~<': o(llldiu&1oe' -'l!i.... ~.:\l"~~ . ~retaiat\on of. proof'(lr'Pattlng _ tliqiurements.' In the c;-!U~District;the CityCol1Dcil1Dllyalso~a~"" . ,~~~'f:i~~::"~= ' '~." .".! .\he...~shall..Pi!l." vide:a....' !~stio';'ingwhicli iDCeotiv~ ..... being .ougb! and S\Ipporiing . eVidenCe . .... wbiC&.showi-.the jllStification :_Cot the. . ';inceIIli\lesi.'ii!ii11ldins aaanli!Ysis of!!',.. '.. ti~e':'~lw:~~encri~rthe~':;.I ............... '.. 'iititS'lediscreliODWiIl#rmine.. .........-., ~'" ...... .tedto 'whj.<btif""y'!l","':"1':!!' """"m' i"',.' '*~plOject./.><"",. "Ii>' ,.,(1,',., )~tr~6OQM()Ililicati .' ...... lion ."'".tlie'p.c"'!ti..~ outIlnedu.~~oi1 j~~:"J:~~~:;:;:cfi~~.' : maybe approved. Any modifications_ , RlljlIeSted pllISUaIIt to thiuectionshall be_ . 'iiIeatifi.ed intbcfWiial applic~Any , modiIicatioiu sbaU be oonsi.!tent\Oltthllle .....g_ and policies of thO CODlpreh... ellS1..'ve., _Plmandshallbe approVedUJlO!Ialioding, tba1t&modifi~ationdoesnot.5igriifieandy. IldVersely aft'ect sl1mJllDding proJierIies.. . Suclullodifications sliall be,approved .. .. part of the SC Overlay Disttict ~ shall beincJlldedin tbereSobllion1lppl'<milgtbe 1 SCQverlay Disttictaridiothedevelojlment. ..' ;~T~~~{~,l;..._. - -' Developll1ent Contract. <'.-":" - ,. "k';,,,,:;,::,-,:} lt06A.701 Restrictive CovenanL, {-"""'----::' UJlO!I Opproval of a SC OVerlay District, r forasenillrcarefacility,~app~shall...~ mcQtd.:~ 'rOstrictive en. enantl)n .d!~ '.. .~lb8t._lbiol:Jpe_...,:", ~~P.!""idedaridllmiting~.j ~tlIe.facilitylO 1l0IllOletbalr~.()f~ ...1 ;...."'~tsllDder the ....~gf ~ ~ ,..C.k. .~.~___.~a::;,. .. .~.......__.." .. :-:-:<...:.'.--.. .