HomeMy WebLinkAboutItem 09�,
Lakeville
INNNON M
Memorandum
Item No. - 9 - -
City of Lakeville
Planning Department
To: Planning Commission
From: Daryl Morey, Planning Director
Date: July 3.5, 203.6
Subject: Packet Material for the July 23., 203.6 Planning Commission Meeting
Agenda
Item: Zoning Ordinance Amendment Opting Out of Minnesota Statutes,
Section 462.3593 (Temporary Family Health Care Dwellings)
Background
During the 2oi6 legislative session, a law was passed that amended Minnesota Statutes 462
(Municipal Planning) by requiring Minnesota cities to allow temporary family health care
dwellings. Governor Dayton passed the legislation into law on May 12, 2016. The legislation is
unique in that it allows cities to opt out of this amendment to State Statutes by September 1,
2016.
Temporary family health care dwellings, which are defined in the Statutes, are essentially
temporary portable housing units (aka "drop homes") that would be accessory to the principal
dwelling on a residential property. The temporary family health care dwelling would be
occupied by a mentally or physically impaired person on a residential lot that is owned and/or
occupied by a relative or caregiver of the mentally or physically impaired person. The Statutes
(462.3593) includes an application and review process as well as performance standards that
cities must follow.
While the allowance of temporary family health care dwellings would be consistent with goals
of the City's Comprehensive Plan to provide a variety of housing types, styles and choices to
meet the changing life cycle needs of Lakeville's residents, staff has concerns about the
compatibility of these temporary dwellings with surrounding land uses. The performance
standards in the Statutes are not "one size fits all" for Minnesota cities.
The temporary family health care dwellings legislation was discussed with the City Council at
their June 27, 2os6 work session. State representative Roz Peterson, one of the authors of the
legislation, as well as the owners of Next Door Housing, which manufactures these portable
dwelling units, attended the work session. The City Council directed staff to prepare an
ordinance opting out of the Statutes. The City Council also requested that staff and the
Planning Commission review temporary housing options as part of the annual Zoning
Ordinance update.
The opt out ordinance, which was prepared by the City Attorney, is an amendment to the
Zoning Ordinance and requires a public hearing.
Exhibits
• Opt out ordinance
June 27, 2oi6 City Council work session minutes
June 23, 2o16 City Council work session memo
Recommendation
Staff recommends approval of an ordinance opting out of Minnesota Statutes concerning
temporary family health care dwellings.
(word\\H:PlanningCommission:Cove rMemo-ZO Amendment for Opting Out)
2
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE
CONCERNING MINNESOTA STATUTES, SECTION 462.3593
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Title 11 of the Lakeville City Code is amended by adding Section 11-1-16
to provide as follows:
11-1-17 OPT -OUT OF MINNESOTA STATUTES, SECTION 462.3593:
Pursuant to authority granted by Minnesota Statutes, Section 462.3593,
subdivision 9, the City of Lakeville opts -out of the requirements of Minnesota
Statutes, Section 462.3593.
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this day of ; 2016 by the City Council of the
City of Lakeville, Minnesota.
CITY OF LAKEVILLE
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
187240vl
CITY OF LAKEVILLE
CITY COUNCIL WORK SESSION MINUTES
June 27, 2016
Mayor Little called the meeting to order at 6:03 p.m. in the City Hall Marion Conference Room.
Members present: Mayor Little, Council Members Anderson, Davis and LaBeau
Absent: Council Member Swecker
Staff present: Justin Miller, City Administrator; Allyn Kuennen, Assistant City Administrator;
Daryl Morey, Planning Director; Chris Petree, Public Works Director; Monica Heil, Operations
& Maintenance Engineer, Zach Johnson, City Engineer, Charlene Friedges, City Clerk
2. Citizen Comments: None
3. Temporary Family Health Care Dwellings
Mr. Morey provided an overview of recent legislation that requires cities to allow temporary
family health care dwellings, unless the City passes an ordinance opting out of the statute. The
opt -out ordinance must be adopted by September 1 of this year. He explained that a temporary
health care dwelling would be occupied by a mentally or physically impaired person on a
residential lot that is owned and/or occupied by a relative or caregiver of the person occupying
the temporary dwelling. The application for a temporary dwelling permit must meet certain
statutory requirements.
Mr. Morey noted several concerns raised by Planning Department staff regarding this statute.
Among other concerns, the $100 maximum temporary dwelling permit application fee is not
sufficient to cover staff review of the application, inspections of the site and temporary family
health care dwelling, and monitoring of the temporary dwelling permit.
Representatives of Next Door Housing, who manufacture temporary family health care dwellings
called Drop Homes, and State Representative Roz Peterson, who sponsored this legislation, urged
the mayor and council members to consider allowing this type of housing in Lakeville.
Council members noted the potential for these homes to be occupied by persons other than those
who are mentally or physically impaired. Ms. Peterson stated the statute provides for a written
certification from a physician that would be submitted to the City with the application for a
temporary dwelling permit. Mayor Little pointed out that these physician certificates would
likely be public information.
City Council Work Session Minutes, June 27, 2016
Page 2
The mayor and council members discussed the challenges of allowing this type of housing. They
directed staff to prepare an opt -out ordinance, but agreed that options should be made available
for affordable care. Mr. Morey suggested staff could obtain public input and work with the
Planning Commission to develop some optional provisions that are more appropriate for
Lakeville. This could be accomplished as part of the City's annual zoning ordinance review.
Transportation Update - Dakota County Federal Funding Requests
The Public Works Director and City Engineer outlined three potential Dakota County highway
projects that maybe eligible for Federal transportation funding. They are CSAH 50 (2021 Street)
reconstruction, the CSAH 9/50 intersection improvements, and 179d' Street expansion to Pilot
Knob Road. Mr. Johnson explained that the County serves as the lead agency for submittal of
these grant applications. Actual construction costs are eligible for funding; right-of-way and
engineering costs must be covered by the County and City. He also explained that funding is tied
to specific elements of the grant application.
Council members questioned whether the County Road 70 and I-35 expansion projects could be
included, as they felt they carried a higher priority than the other three. Mr. Johnson stated
Dakota County is proposing a principal arterial study of County Road 70, which is proposed to
start this fall and could take up to six months to complete. He stated County officials do not feel
County Road 70 would score as high in the funding application as the other three projects.
Likewise, I-35 expansion is not currently seen as a priority for MnDOT and would likely not
score highly compared to other projects.
Council members agreed that the CSAH 50 and CSAH 9/50 projects are a high priority with
respect to safety. They discussed the proposed extension of 1791h Street and agreed that it should
not be included in the federal funding application at this time.
Council members directed staff to submit a letter of support to Dakota County for the CSAH 50
and the CSAH 9/50 highway projects.
Transportation Update - 2017 Street Reconstruction Project
Ms. Heil provided an update on the proposed 2017 street reconstruction project. A
neighborhood meeting was held, and to date there has been no opposition expressed by the
residents.
Technology Advisory Board/Task Force
Mr. Kuennen presented options for development of an advisory group to address current and
future technology needs within the city and throughout the community. Staff was directed to
provide additional information on the scope and responsibilities of a technical advisory
Zl:
Memorandum
To: Mayor and City Council
From: Daryl Morey, Planning Director VA
Date: June 23, 2016
Subject: June 27, 203.6 City Council Work Session
Temporary Family Health Care Dwellings
Background and Analysis
City of Lakeville
Planning Department
On May 12, 2o16 Governor Dayton signed into law a bill passed this legislative session that
requires cities to allow temporary family health care dwellings, unless the City passes an
ordinance before September 1, 2o16 opting out of this statute. A temporary health care
dwelling would be occupied by a mentally or physically impaired person on a residential lot
that is owned and/or occupied by a relative or caregiver of the mentally or physically impaired
person occupying the temporary family health care dwelling.
In short, this legislation requires cities to allow temporary family health care dwellings, such as
"drop homes" or "tiny houses", up to 300 square feet in size and not attached to a permanent
foundation, to be located on a residential lot subject to the setback requirements for the
principal building. The caregiver or relative must apply for a "temporary dwelling permit", with
an application fee of up to $soo. The application must include the following:
• Proof of the provider network from which the mentally or physically impaired person
may receive care.
• Written certification that the mentally or physically impaired person requires assistance
with two or more instrumental activities of daily living signed by a physician, physician
assistant or an advanced practice RN licensed to practice in Minnesota.
• An executed contract for septic service management.
• An affidavit that the applicant has provided notice to adjacent property owners and
residents.
• A general site map showing the location of the temporary family health care dwelling
and other structures on the lot. Please note that a survey is not required by this statute.
The temporary dwelling permit is valid for six months and may be renewed once for an
additional six months (with a maximum $5o renewal fee). The City only has 15 days to approve
or deny a temporary dwelling permit. Lakeville does not currently have a temporary dwelling
permit application fee established by ordinance.
Only one occupant is allowed in the temporary family health care dwelling and only one
temporary family health care dwelling is allowed on a lot. A temporary family health care
dwelling, which is similar in nature to a recreational vehicle or a small manufactured home,
could be located on the driveway or in the side or rear yard of a single family lot provided they
meet the setback requirements for the principal building in the zoning district where the
subject property is located.
Staff has the following concerns regarding the temporary family health care dwellings statute:
• The $soo maximum temporary dwelling permit application fee, which is not established
by Lakeville's current fee ordinance, is not sufficient to cover staff review of the
application, inspections of the site and temporary family health care dwelling, and
monitoring of the temporary dwelling permit.
• The amount of Planning and Building Inspections staff time associated with reviewing
and monitoring temporary family health care dwellings, given current staffing levels.
• The short timeframe of only i5 days to review and approve (or deny) the temporary
dwelling permit application.
• A survey is not required to ensure setback requirements will be met.
• A public hearing is not required to gain neighboring property owner input. In fact, with
only 3.5 days to process the temporary dwelling permit application, there is insufficient
time to schedule and hold a public hearing.
• The applicant is only required to provide notice to adjacent property owners and
residents and submit an affidavit to the City stating that they have done so. Staff
questions what constitutes an acceptable affidavit and how the applicant would define
adjacent property owners and residents, which may not be interpreted the same by City
staff and which may differ on a case-by-case basis.
• If the City revokes a temporary dwelling permit, the applicant has up to 6o days to
remove the temporary family health care dwelling, which is much longer than typically
allowed for zoning enforcement violations.
• The allowance of a second dwelling unit in neighborhoods zoned for single family uses.
• There are other options for providing this type of housing in the city (i.e. a room within
the principal building, Lennar's NextGen type homes which are allowed by
administrative permit in single family zoning districts, multi -family dwellings, and
senior housing facilities).
Unless cities opt out of this legislation, the statute does not allow cities to prohibit temporary
family health care dwellings provided they meet the requirements of the statute.
Staff is requesting the City Council's direction on this issue. If the City Council decides to opt
out of this statute, the City Attorney will prepare an opt out ordinance, which would amend the
Zoning Ordinance and require the Planning Commission to hold a public hearing on the
amendment.
Attachments:
• State Legislation allowing Temporary Family Health Care Dwellings
• Pictures of Drop Homes
2
Subd. 7. Fee. Unless otherwise specified by an action of the county board, the
countYSILY charge a fee of up to 100 for the initial pennit and up to 50 for a renewal of
the permit.
Subd. 8. No p hlic hearing required; application of section 15.99. (a) Due to the
nsitive nature of
Subd. 9. Opt -out.
section.
for a temporary family health
Ina on the annlication.
Sec. 3. 1462.35931 TEMPORARY FAMILY HEALTH CARE DWELLINGS.
Subdivision 1. Definitions. (a) For purposes of this section, the followingtrms
have the meanings Oven.
(b) "Caregiver" means an individual 18 years of age or older who:
(1) provides care for a mentally or physically impaired person; and
(2) is a relative, legal guardian, or health care agent of the mentally or physically
impaired person for whom the individual is caring.
(c) "Instrumental activities of daily living" has the meaning given in section
25613.0659, subdivision 1, paragraph (i).
(d) "Mentally or physicallypaired person" means a person who is a resident
of this state and who requires assistance with two or more instrumental activities of daily
living as certified in writing by a physician, a physician assistant, or an advanced practice
registered nurse licensed to practice in this state.
(e) "Relative" means a spouse, parent, grandparent, child, grandchild, sibling,
uncle, aunt, nephew. or niece of the mentally or phvsically impaired person. Relative
includes half, step, and in-law relationships.
(fl "Temporary family health care dwelling" means a mobile residential dwelling
providing an environment facilitating a caregiver's provision of care for a mentally or
physically impaired person that meets the requirements of subdivision 2.
Subd. 2. Temporary family health care dwelling_ A temporary family health care
dwellin ig nust:
(l ) be primarily assembled at a location other than its site of installation;
(2) be no more than 300 gross feet;
(3) not be attached to a permanent foundation;
(4) be universally designed and meet state -recognized accessibility standards;
(5) provide access to water and electric utilities either by connectingto o the
utilities that are serving the principal dwelling on the lot or by other comparable means;
(6) have exterior materials that are compatible in composition, appearance, and
durability to the exterior materials used in standard residential construction;
(7) have a minimum insulation rating of R-15;
(8) be able to be installed, removed, and transported by a one -ton pickup truck as
defined in section 168.002, subdivision 21 b, a truck as defined in section 168.002,
subdivision 37. or a truck tractor as defined in section 168.002, subdivision 38;
(9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an
Industrialized Buildings Commission seal and data plate or to American National
Standards Institute Code 119.2; and
(10)be equipped with a backflow check valve.
Subd. 3. Temporary dwelling permit; application. (a) Unless the municipality
has designated temporary family health care dwellings as permitted uses, a temporary
family health care dwelling is subject to the provisions in this section. A temporary fly
health care dwelling that meets the requirements of this section cannot be prohibited by -a
local ordinance that regulates accessory uses or recreational vehicle parking or storage,
(b) The caregiver or relative must apply for a temporary dwelling permit from
the municipality. The pennit application must be signed b the he primary caregiver, the
owner of the property on which the temporary family health care dwelling will be located,
and the resident of the property i�property owner does not reside on the property, and
include:
(1) the name, address, and telephone number of the property owner, the resident
of the property if different from the owner, and the primary caregiver responsible for the
care of the mentally or physically impaired person, and the name of the mentally or
physically impaired person who will live in the temporary, family health care dwelling;
(2) proof of the provider network from which the mentally or physically
impaired person may receive respite care, primary care, or remote patient monitoring
services,
(3) a written certification that the mentally or physically impaired person
requires assistance with two or more instrumental activities of daily living signedy a
physician, a physician assistant, or an advanced practice registered nurse licensed to
practice in this state;
(4) an executed contract for septic service management or other proof of
adequate septic service management,
(5) an affidavit that the applicant has provided notice to adjacent property
owners and residents of the application for the temporary dwelling permit; and
(6) a general site map to show the location of the temporary family health care
dwelling and other structures on the lot.
(c) The temporary family health care dwelling must be located on property
where the caregiver or relative resides. A temporary family health care dwelling_ must
comply with all setback requirements that apply to the primary structure and with any
maximum floor area ratio limitations that may apply to the primary structure. The
temporary family health care dwelling must be located on the lot so that septic services
and emergency vehicles can gain access to the temporary. family health care dwelling in a
safe and timely manner.
(d) A temporary family amily health care dwelling is limited to one occupant who is a
mentallyphysically impaired person. The person must be identified in the application.
Only one temporary family health care dwelling is allowed on a lot.
(e) Unless otherwise provided, a temporaryfamily amily health care dwelling installed
under this section must comply with all applicable state law, local ordinances, and charter
provisions.
Subd. 4. Initial permit term, renewal. The initial temporary dwelling permit is
valid for six months. The applicant may renew the permit once for an additional six
months.
Subd. 5. Inspection. The municipality may require that the permit holder provide
evidence of compliance with this section as long as the temporaryfamily amily health care
dwelling remains on the property. The municipality may inspect the temporary family
health care dwelliniz at reasonable times convenient to the caregiver to determine if the
temporaryfy health care dwelling is occupied and meets the requirements of this
section.
Subd. 6. Revocation of permit. The municipality may revoke the temporary
dwelling permit if the permit holder violates any requirement of this section. If the
municipality revokes a permit, the permit holder has 60 days from the date of revocation to
remove the temporary family health care dwelling.
Subd. 7. Fee. Unless otherwise provided by ordinance, the municipality may
charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit.
Subd. 8. No public hearing required; application of section 15.99. (a) Due to the
time -sensitive nature of issuing a temporary dwelling permit for a temporaryfamily amily health
care dwelling, the municipality does not have to hold a public hearing on the application.
(b) The procedures governing the time limit for deciding an application for the
temporary dwelling permit under this section are governed by section 15.99, except as
provided in this section. The municipality has 15 days to issue a permit requested under
this section or to deny it, except that if the statutory or home rule charter city holds regular
meetings only once per calendar month the statutory or home rule charter city has 30 days
to issue a permit requested under this section or to deny it. If the municipality receives a
written request that does not contain all required information, the applicable 15 -day or 30 -
day limit starts over only if the municipality sends written notice within five business days
of receipt of the request tellingthe he requester what information is missing. The municipality
cannot extend the period of time to decide.
Subd. 9. Oat -out. A municipality by ordinance opt -out of the requirements of
this section.
Sec. 4. EFFECTIVE DATE. This act is effective September 1, 2016, and applies to
temporary dwelling permit applications made under this act on or after that date.
Presented to the governor May 12, 2016
Signed by the governor May 12, 2016, 1:27 p.m.
Copyright Q 2016 by the Revisor of Statutes, State of Minnesota. All rights reserved.
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