HomeMy WebLinkAboutItem 06.g
Date: Item No.
ORDINANCE AMENDING TITLE 11 OF THE CITY CODE (THE ZONING ORDINANCE)
OPTING OUT OF MINNESOTA STATUTES, SECTION 462.3593
Proposed Action
Staff recommends adoption of the following motion: Move to approve an ordinance amending
Title 11 of the City Code opting out of Minnesota Statutes, Section 462.3593.
Overview
Planning Department staff recommends approval of an ordinance amending Title 11 of the City
Code opting out of Minnesota Statutes pertaining to temporary family health care dwellings.
The City Council directed staff to prepare the opt-out ordinance at their June 27, 2016 work
session. The opt-out ordinance was prepared by the City Attorney. Cities have until September
1, 2016 to opt-out of this State Statute.
The Planning Commission held a public hearing on the opt-out ordinance at their July 21, 2016
meeting. There was public comment from one Lakeville resident. The Planning Commission
unanimously recommended approval of the opt-out ordinance.
Primary Issues to Consider
• Does approval of this ordinance preclude the City from allowing temporary family health
care dwellings in the future? At their July 21st meeting, the Planning Commission agreed to
add the review and discussion of temporary family health care dwellings to their annual Zoning
Ordinance update that will occur at the end of this year.
Supporting Information
• Ordinance amending Title 11 of the City Code
• July 21, 2016 draft Planning Commission meeting minutes
• June 27, 2016 City Council work session minutes
• July 15 and June 23, 2016 planning memorandums
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Daryl Morey, Planning Director
August 1, 2016
187240v1
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 1st day of August, 2016 by the City Council of the City of Lakeville,
Minnesota.
CITY OF LAKEVILLE
By:
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Daryl Morey, Planning Director
Date: July 15, 2016
Subject: Packet Material for the July 21, 2016 Planning Commission Meeting
Agenda
Item: Zoning Ordinance Amendment Opting Out of Minnesota Statutes,
Section 462.3593 (Temporary Family Health Care Dwellings)
Background
During the 2016 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, 2016 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
2
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, 2016 City Council work session minutes
• June 23, 2016 City Council work session memo
Recommendation
Staff recommends approval of an ordinance opting out of Minnesota Statutes concerning
temporary family health care dwellings.
(word\\G:PlanningCommission:CoverMemo-ZO Amendment for Opting Out)