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HomeMy WebLinkAbout2016 07-14 PCPPLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER July 14, 2016 1. Call to Order: 7:00 PM 2. Roll Call 3. Approval of Agenda • Motion to Approve the Planning Commission Meeting Agenda for July 14, 2016 4. Approval of Minutes • Motion to Approve the June 16, 2016 meeting minutes 5. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING ITEMS - (none at this time) 7. Discussion Items a) Staff Update of the of the Approved Site and Building Plan – AND – Landscape Screening Plan along 69th Avenue for Phase II - 2012 Maranatha Homes Planned Unit Development (Ref. Planning Application No. 2016-003) b) Staff update on new law provided under amendment to Minnesota Statutes Section 2014, Section 144D.01 requiring municipalities to allow Temporary Family Health Care Dwellings in residential districts. c) Staff updates of ongoing (approved) and planned development projects. 8. Adjournment PC Minutes 06-16-16 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JUNE, 16 2016 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:07 p.m. 2. ROLL CALL Chair Randy Christensen, Commissioners Alexander Koenig, Stephen Schonning, Rochelle Sweeney, Susan Tade (arrived at 7:08 p.m.) and Carlos Morgan (arrived at 7:15 p.m.) were present. Commissioner Jack MacMillan was absent and excused. Also present were the Secretary to the Planning Commission Tim Benetti, Business and Development Director Gary Eitel (arrived at 7:35 pm); and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA – JUNE 16, 2016 There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to approve the agenda for the June 16, 2016 meeting as submitted. The motion passed unanimously. 4. APPROVAL OF MINUTES – MAY 26, 2016 There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to approve the minutes of the May 26, 2016 meeting as submitted. The motion passed unanimously. 5. CHAIR’S EXPLANATION Chair Christensen explained the Planning Commission’s role as an advisory body. One of the Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING APPLICATION ITEMS 6a) APPLICATION NO. 2016-007 ERIC DECKER PROPERTY ADDRESS: 4206 WOODBINE LANE NORTH Chair Christensen introduced Application No. 2016-007, Consideration of a Special Use Permit for Special Home Occupation of a Personal Fitness Training Business in the R-1 One Family PC Minutes 06-16-16 -2- DRAFT Residence District (See Planning Commission Reports dated 06-16-2016 for Application No. 2016-007.) It was noted that notice letters were delivered to all neighboring properties within 150 feet of the subject site. Mr. Benetti stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2016-007, for consideration of a Special Use Permit for Special Home Occupation of a Personal Fitness Training Business in the R-1 One Family Residence. Mr. Benetti provided a presentation with background information on this item. Chair Christensen stated he wanted to open the public forum next and would ask questions upon hearing their statements and input. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2016-007 Chair Christensen recognized residents in the audience who wished to speak on this matter; and called for comments from the public. There was a motion by Commissioner Schonning, seconded by Commissioner Koenig, to open the public hearing on Application No. 2016-007, at 7:18 p.m. The motion passed unanimously. Lynn Stuart, speaking on behalf of her father Clyde Stuart (present this evening) 4207 Woodbine Lane North, stated her father lives across the street from the applicant. She stated their main concerns regarding the proposed home-based business are an increase in traffic and noise. She stated parking is at capacity on both sides of the street on any given day currently, so there is concern clients from the business would exasperate that issue. She also noted there are many school aged children walking in the area so an increase of traffic could be a safety concern for them. She stated the neighbor’s dogs are constantly barking when people come and go and the concern is if clients are working out in the backyard as well as with them coming and going until 9 p.m. it will cause excessive barking. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Morgan, seconded by Commissioner Koenig, to close the public hearing on Application No. 2016-007, at 7:23 p.m. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Commissioner Tade stated she knows the traffic is an issue in that area and stated keeping the parking off the street would be best. Chair Christensen agreed and asked if Mr. Decker can use his driveway for client parking. Mr. Benetti replied that Mr. Decker has agreed to have client’s park in his driveway whenever possible. He also noted the driveway is long enough for a PC Minutes 06-16-16 -3- DRAFT number of cars to park, and wide enough for cars to park side-by-side if needed. Parking should not be an issue. Chair Christensen asked Mr. Benetti if other residents have expressed any concerns regarding those expressed by Ms. Stuart. Mr. Benetti replied he hasn’t received any other comments or concerns. Mr. Benetti noted the City ordinances have sections relating to continuous barking from dogs as well as it limits each home to two dogs. He stated if barking does become an issue the residents should file a complaint with the local police department. He also noted the same procedure should be followed if parking violations and unsafe driving practices are witnessed. He stated the local law enforcement agents are there to help keep residents safe and ensure codes are being enforced so they shouldn’t hesitate to inform them of these incidents. Commissioner Morgan stated he believes the new business is great. Chair Christensen echoed his sentiments. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2016-08 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-007 SUBMITTED BY ERIC T. DECKER There was a motion by Commissioner Schonning, seconded by Commissioner Koenig, to approve Planning Commission Resolution No. 2016-08. Voting in favor: Chair Christensen, Commissioners Schonning, Koenig, Morgan, Tade, and Sweeney. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 27, 2016 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 6b) APPLICATION NO. 2016-003 SENIOR HOUSING PARTNERS PROPERTY ADDRESS: 5401 – 69TH AVENUE NORTH - Reconsideration of the Site and Building Plan Conditions of Phase II - 2012 Maranatha Planned Unit Development Chair Christensen introduced this item as a reconsideration of certain conditions approved under the adopted Planning Commission Resolution No. 2016-05, adopted May 26, 2016, in relation to Planning Application No. 2016-003, the new Site and Building Plan for a 34-Unit Senior Independent Living Facility – Phase II of the 2012 Maranatha Homes Planned Unit PC Minutes 06-16-16 -4- DRAFT Development. (See Planning Commission Reports dated 05-26-2016 for Application No. 2016- 003 and City Planning Memo Update dated 06-16-16) Mr. Benetti stated at the May 26, 2016 Planning Commission meeting, the Commission adopted Resolution No. 2016-05, which provided a favorable and unanimous recommendation of approval regarding Planning Application No. 2016-003, the Site and Building Plan application for a new 3-story, 34 unit senior independent living facility within the Maranatha Senior Community campus. Prior to adopting this resolution, the Commission elected to add (amend) the following two conditions of approval: 1) The Developer shall install the 14 additional parking spaces along the northwest corner and curved fire lane of the subject site. 2) The Developer shall provide additional landscaping for screening purposes along 69th Avenue right-of-way, provided it does not impact or impair any vehicle sight lines, or dedicated drainage areas and features. After the May 26th meeting, Mr. Benetti indicated that city staff, along with Maranatha Homes’ own traffic engineering consultants from Westwood Engineering, voiced joint concerns of adding these 14 stalls in the northwest corner, and recommended this condition (parking stalls) be removed due to sight-line and driveway safety issues along this curved roadway. The Planning Commission is being asked to re-evaluate and reconsider this condition, and determine if these 14 spaces are needed or required as part of this expanded PUD/Phase II project. Staff also requested follow-up consideration regarding the proposed landscape and screening plan for 69th Avenue right-of-way. Mr. Benetti continued by presenting the past approved parking layout from 2012 and also provided an updated plan for approval that would allow enough parking for the maximum expected people on the site at any one given time; this situation occurs when first and second shift employees are switching and there are approximately 89 people on site at that time. He noted the new plan would accommodate those parking spaces as well as it addresses the sidewalk utilization issue. He stated the other outstanding issue the Commission needs to address is the screening proposed in the new plan, which is drastically less than previously laid out. Chair Christensen asked Commissioners for input and discussion on this issue. Commissioner Tade asked if there are designated parking for staff or guests. Mr. Benetti stated there is not currently any designated spots but they have recommended certain parking for the employees be assigned so Maranatha is regulating the parking of its staff so visitors and residents have guaranteed parking spaces. Commissioner Morgan stated he believes that keeping the 14 parking spaces as reserves should ensure enough parking if they need more in the future. He stated being diligent about enforcement of the parking should be a priority, especially in the winter months when people may tend to be less compliant with the parking rules and regulations. Mr. Benetti stated they are PC Minutes 06-16-16 -5- DRAFT encouraging Maranatha to stay ahead of the issues and maintain the enforcement of their own employees and overall site parking. He stated if it does continue to be an issue down the line, then they would look to law enforcement to ensure regulation of the parking issue. Commissioner Tade stated if they add the extra 14 parking spaces back into the updated plan her concern is that it takes out more of the already limited green space and she believes it should be a last resort. Commissioner Schonning stated he was opposed to the extra 14 parking spaces the past and he is still opposed. He stated he would like to see the residents having more green space than hard surface. He stated he believes the 24 parking spaces being added along the South side of the lot will alleviate the parking issue. He noted regarding the screening issue, the first proposal had too many trees and the current one has too little, they need some sort of screening which provides something in the middle of the two plans. Chair Christensen stated if the goal is to limit hard space he believes the best solution would be putting the 14 parking spaces in and reducing the 32 parking spaces proposed on the East side of the lot to ensure there will be more green space and less hard surface. Mr. Benetti replied he respectfully disagrees and stated he doesn’t think removing the Eastern parking spaces would be a good idea. He noted that with the 14 proof of parking spaces in the Northwest corner combined with the proposed 32 parking spaces it seems the plan would be plenty accommodating for the employees and residences at 200 parking spaces. Commissioner Koenig stated his concern is that if there is a lack of parking spaces it may discourage visitors for the residents in the homes. He stated if Maranatha is willing to add more parking spaces now that would eliminate future issues and he believes that would be the best course of action at this time. He noted he is partial to the heavier screening than the light screening in the proposals. Chair Christensen stated his concern with heavy screening involving large trees imposing on the sidewalks would be the safety and security of the school aged children who walk that sidewalk regularly. He stated providing some hedge row screening back off the sidewalk a bit instead of larger trees would be ideal in providing screening from the street for residents inside and outside the complex. Mr. Benetti stated he will make that recommendation regarding the screening and present the updated plan to the Commission for their review. He noted he doesn’t believe there will be any issue with that plan. Commissioner Morgan asked how the determination is made if more parking is needed in the future. Mr. Benetti stated it would most likely start with staff providing feedback regarding the need for more parking. He stated the City will continue to observe the issue and take input from residents surrounding the complex as well. ACTION TO AFFIRM OR AMEND THE PREVIOUSLY ADOPTED PLANNING COMMISSION RESOLUTION NO. 2016-05 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-003 SUBMITTED BY SENIOR HOUSING PARTNERS PC Minutes 06-16-16 -6- DRAFT There was a motion by Commissioner Sweeney, seconded by Commissioner Tade, to amend previously adopted Planning Commission Resolution No. 2016-05 by deleting the following condition: “The Developer shall install the 14 additional parking spaces along the northwest corner and curved fire lane of the subject site. “ Voting in favor: Commissioners Sweeney and Tade. And the following voted against the same: Chair Christensen, Commissioners Schonning, Koenig and Morgan. The motion did not pass (2 in favor vs. 4 against). Chair Christensen then asked Planning Staff what happens next. Secretary Benetti stated that since the previous motion to amend the resolution was defeated, the original PC Resolution No. 2016-05 adopted at the May 26, 2016 meeting remains intact, and will be presented to the City Council at the June 27, 2016 regular meeting. 7. DISCUSSION ITEMS 7a) REVIEW OF THE CITY’S LIQUOR LICENSE ORDINANCE AND DISCUSSION ON POTENTIAL DEVELOPMENT ISSUES THAT MAY BE INFLUENCING DECISIONS IN LOCATING NEW RESTAURANTS WITHIN BROOKLYN CENTER. Mr. Benetti explained this item was discussed at the last meeting brought to the Commission’s attention by Commissioner MacMillan. Commissioner Sweeney stated it may be best to wait on further discussion of this item until Commissioner MacMillan is present. Mr. Eitel stated the City Manager accepted the finding that the ordinance hasn’t been changed in a long time and that the City license fee is much higher than those of neighboring cities. He stated the City Manager stated he will review that issue at the Administrative level. He noted it will be reviewed in its entirety; liquor license fee, seating capacity, and all other items relating to this ordinance. He stated they will then be able to make decisions about the future of the ordinance. Chair Christensen stated he looks forward to what comes of the review. He thanked the Commission for their input and discussion on all the issues raised and noted it is important to the City. There were no other discussion items. 8. OTHER BUSINESS None at this time. PC Minutes 06-16-16 -7- DRAFT 9. ADJOURNMENT There was a motion by Commissioner Morgan, seconded by Commissioner Tade, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:58 p.m. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. Certification of Minutes CITY OF BROOKLYN CENTER ) The undersigned, being the duly qualified and assigned Secretary to the Planning Commission of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the Planning Commission of the City of Brooklyn Center held on June 16, 2016. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the Planning Commission approved said minutes at its July 14, 2016 regular meeting. _______________________________ _______________________________ Tim Benetti, Secretary Randall Christensen, Chair City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569.3300 Fax: 763.569.3494 763.569.3400 Fax: 763.569.3434 763.569.3333 Fax: 763.561.0717 Planning Commission (763) 569-3335 DATE: July 14, 2016 TO: Chair Randall Christensen and Planning Commissioners FROM: Gary Eitel, Business and Development Director Tim Benetti, Planning & Zoning Specialist SUBJECT: Update of the of the Approved Site and Building Plan – AND – Landscape Screening Plan along 69th Avenue for Phase II - 2012 Maranatha Homes Planned Unit Development At the June 27, 2016 City Council meeting, the council approved the revised and updated Site and Building Plan application for a new 3-story, 34-unit senior independent living facility within the Maranatha Senior Community campus (see attachment). The updated plan illustrates 9 parking stalls in the northwest corner, as opposed to the originally designed 14 stalls the Commission reviewed previously. The Maranatha campus will now contain 156 surface parking stalls, along with 39 indoor stalls underneath the new 34 unit facility, for a total of 195 parking spaces. The Council elected to leave the 24 spaces on the south end reserved as “proof of parking”. The developer has also provided additional connecting walkways, and plans to relocate the walkway around the 9 stalls in the NW corner. As part of the conditions of approval, the city required Maranatha to provide some additional screening measures along the 69th Avenue. However, due to recent gas main improvements by CenterPoint Energy, these areas proved to be somewhat of a challenge for Maranatha’s landscape architects to design and fit proper landscaping and new screening features. Instead of placing any new plantings up along the sidewalk, the developer is proposing to add a few new deciduous trees and spirea or lilac shrubs near the south edge of the northeasterly pond feature; and place additional spirea/lilac shrubs along the south edge of the front raingarden features, with certain landscape grasses in an around the sign base (refer to photos with superimposed images of plantings). The placement and height of the campus sign limits the types and variety of plants that can effectively go in this area, so Maranatha plans to incorporate decorative grasses that adapt and grow well inside a raingarden feature. City staff however, presented the developer images of a rain garden located at the North Memorial Clinic facility in Minnetonka (see attached). This garden appears to have a wide variety of plants and shrubs that may be incorporated into this front garden site. Staff has suggested the Developer consider these plantings in an updated plan. Planning staff suggests the Planning Commissions provide feedback and comments regarding these updated screening measures. City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569.3300 Fax: 763.569.3494 763.569.3400 Fax: 763.569.3434 763.569.3333 Fax: 763.561.0717 Planning Commission (763) 569-3335 DATE: July 14, 2016 TO: Chair Randall Christensen and Planning Commissioners FROM: Gary Eitel, Business and Development Director Tim Benetti, Planning & Zoning Specialist SUBJECT: New State Law Regulating Municipalities to Allow Temporary Family Health Care Dwellings in Single Family Residential Districts On May 12, 2016, Gov. Mark Dayton signed into law a bill allowing homeowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling. The purpose of these temporary dwellings is to provide transitional housing for those with mental or physical impairments, and allow these individuals to reside in a “temporary dwelling” on a relative’s or caregiver’s property. Under this new law, all municipalities must provide its residents an opportunity to submit an application of installing a temporary residential dwelling for an individual that needs special health or medical care, or some level of supervision to live and be cared for on the property. The law states these temporary dwelling are not to be equated or regulated as an accessory structure; and provides for the following standards: a) no larger than 300 square feet in size; b) must not be attached to a permanent foundation and able to be installed, moved, and removed by state defined truck; c) must have electrical, gas, water and sewer connections; d) shall comply with all principal structure setbacks; and e) must meet certain State Building Code requirements, including insulation rating, accessibility, utilities, and backflow check valves. The law states a caregiver or relative must submit a permit application to the city signed by the primary caregiver or the owner of the property. The name of the temporary dwelling resident must also be provided. The law also states that a city shall have only 15 days to grant or deny an application of this type (as opposed to the standard 60-day rule that applies to most land use applications/decisions). The law specifies that a permit is good for only 6 months, with an option to renew every 6 months by the property owner. The law sets a suggested fee schedule of $100 initial application REF: Temporary Family Health Care Dwellings Page 2 of 2 ___________________________________________ City Hall Community Center Police & Fire Departments 6301 Shingle Creek Parkway 6301 Shingle Creek Parkway 6645 Humboldt Avenue North Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-2199 Brooklyn Center, MN 55430-1853 763.569.3300 Fax: 763.569.3494 763.569.3400 Fax: 763.569.3434 763.569.3333 Fax: 763.561.0717 fee, with $50 permit fee for each 6-month approved thereafter. Cities have the right to change or adopt their own fee schedules on these permits if they choose. The amended statute allows cities to opt out of the law, with no requirements a city must formulate an alternative ordinance, or provide a similar land use regulation within their own city codes that addresses these temporary dwellings. The law states local governments have until September 1, 2016 to opt out, which must be performed by adopting an ordinance. Cities have the right to opt out after September 1st, but if they have not done so by then, the law becomes automatic in the city code of ordinances, and all cities must provide an application or process to its residents seeking the opportunity to install such dwelling units. City staff intends to bring this issue before the City Council in the next few weeks as a Council Work Session item. In the meantime, planning staff wanted to present this information and begin a dialogue with the Planning Commission seeking your feedback, comments, or recommendations for the Council to consider later. City staff will also be presenting this information to the City’s Housing Commission for similar comment and recommendations. Planning Staff encourages the Commission to carefully examine and review the attached and related materials, and provide input at the next meeting. If you have any questions or comments prior to this meeting, feel free to call Gary at (763) 569-3305 or Tim at (763) 569-3319. 2016 Minnesota Session Laws Key: (1) language to be deleted (2) new language CHAPTER 111--S.F.No. 2555 An act relating to local government; regulating zoning of temporary family health care dwellings; establishing temporary dwelling permits; amending Minnesota Statutes 2014, section 144D.01, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 394; 462. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2014, section 144D.01, subdivision 4, is amended to read: Subd. 4.Housing with services establishment or establishment. (a) "Housing with services establishment" or "establishment" means: (1) an establishment providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, one or more regularly scheduled health-related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment; or (2) an establishment that registers under section 144D.025. (b) Housing with services establishment does not include: (1) a nursing home licensed under chapter 144A; (2) a hospital, certified boarding care home, or supervised living facility licensed under sections 144.50 to 144.56; (3) a board and lodging establishment licensed under chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or 9530.4100 to 9530.4450, or under chapter 245D; (4) a board and lodging establishment which serves as a shelter for battered women or other similar purpose; (5) a family adult foster care home licensed by the Department of Human Services; (6) private homes in which the residents are related by kinship, law, or affinity with the providers of services; (7) residential settings for persons with developmental disabilities in which the services are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or applicable successor rules or laws; (8) a home-sharing arrangement such as when an elderly or disabled person or single-parent family makes lodging in a private residence available to another person in exchange for services or rent, or both; (9) a duly organized condominium, cooperative, common interest community, or owners' association of the foregoing where at least 80 percent of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units; or Page 1 of 6Chapter 111 - Minnesota Session Laws 7/8/2016https://www.revisor.mn.gov/laws/?id=111&doctype=Chapter&year=2016&type=0 (10) services for persons with developmental disabilities that are provided under a license according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until January 1, 1998, or under chapter 245D; or (11) a temporary family health care dwelling as defined in sections 394.307 and 462.3593. Sec. 2. [394.307] TEMPORARY FAMILY HEALTH CARE DWELLINGS. Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (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 256B.0659, subdivision 1, paragraph (i). (d) "Mentally or physically impaired 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 physically impaired person. Relative includes half, step, and in-law relationships. (f) "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 dwelling must: (1) be primarily assembled at a location other than its site of installation; (2) be no more than 300 gross square 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 connecting to 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 21b, 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 county has designated temporary family health care dwellings as permitted uses, a temporary family Page 2 of 6Chapter 111 - Minnesota Session Laws 7/8/2016https://www.revisor.mn.gov/laws/?id=111&doctype=Chapter&year=2016&type=0 health care dwelling is subject to the provisions in this section. A temporary family 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 county. The permit application must be signed by the primary caregiver, the owner of the property on which the temporary family health care dwelling will be located, and the resident of the property if the 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 signed by 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 health care dwelling is limited to one occupant who is a mentally or physically 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 temporary family health care dwelling installed under this section must comply with all applicable state law and local ordinances. 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 county may require that the permit holder provide evidence of compliance with this section as long as the temporary family health care dwelling remains on the property. The county may inspect the temporary family health care dwelling at reasonable times convenient to the caregiver to determine if the temporary family health care dwelling is occupied and meets the requirements of this section. Subd. 6. Revocation of permit. The county may revoke the temporary dwelling permit if the permit holder violates any requirement of this section. If the county revokes a permit, the permit holder has 60 days from the date of revocation to remove the temporary family health care dwelling. Page 3 of 6Chapter 111 - Minnesota Session Laws 7/8/2016https://www.revisor.mn.gov/laws/?id=111&doctype=Chapter&year=2016&type=0 Subd. 7. Fee. Unless otherwise specified by an action of the county board, the county 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 temporary family health care dwelling, the county 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 county has 15 days to issue a permit requested under this section or to deny it, except that if the county board holds regular meetings only once per calendar month the county has 30 days to issue a permit requested under this section or to deny it. If the county receives a written request that does not contain all required information, the applicable 15-day or 30-day limit starts over only if the county sends written notice within five business days of receipt of the request telling the requester what information is missing. The county cannot extend the period of time to decide. Subd. 9. Opt-out. A county may by resolution opt-out of the requirements of this section. Sec. 3. [462.3593] TEMPORARY FAMILY HEALTH CARE DWELLINGS. Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given. (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 256B.0659, subdivision 1, paragraph (i). (d) "Mentally or physically impaired 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 physically impaired person. Relative includes half, step, and in-law relationships. (f) "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 dwelling must: (1) be primarily assembled at a location other than its site of installation; (2) be no more than 300 gross square 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 connecting to the utilities that are serving the principal dwelling on the lot or by other comparable means; Page 4 of 6Chapter 111 - Minnesota Session Laws 7/8/2016https://www.revisor.mn.gov/laws/?id=111&doctype=Chapter&year=2016&type=0 (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 21b, 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 family 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 permit application must be signed by the primary caregiver, the owner of the property on which the temporary family health care dwelling will be located, and the resident of the property if the 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 signed by 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 health care dwelling is limited to one occupant who is a mentally or physically impaired person. The person must be identified in the application. Only one temporary family health care dwelling is allowed on a lot. Page 5 of 6Chapter 111 - Minnesota Session Laws 7/8/2016https://www.revisor.mn.gov/laws/?id=111&doctype=Chapter&year=2016&type=0 (e) Unless otherwise provided, a temporary family 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 temporary family health care dwelling remains on the property. The municipality may inspect the temporary family health care dwelling at reasonable times convenient to the caregiver to determine if the temporary family 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 temporary family 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 telling the requester what information is missing. The municipality cannot extend the period of time to decide. Subd. 9. Opt-out. A municipality may 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 © 2016 by the Revisor of Statutes, State of Minnesota. All rights reserved. Page 6 of 6Chapter 111 - Minnesota Session Laws 7/8/2016https://www.revisor.mn.gov/laws/?id=111&doctype=Chapter&year=2016&type=0 Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures – What it means for Cities Introduction: On May 12, 2016, Gov. Dayton signed, into law, a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling.1 Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative for a “mentally or physically impaired person”, by allowing them to stay in a “temporary dwelling” on a relative’s or caregiver’s property.2 Where can I read the new law? Until the state statutes are revised to include bills passed this session, cities can find this new bill at 2016 Laws, Chapter 111. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes, unless a city opts out of the new law or currently allows temporary family health care dwellings as a permitted use. Considerations for cities regarding the opt-out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. When analyzing whether or not to opt out, cities may want to consider that: • The new law alters a city’s level of zoning authority for these types of structures. • While the city’s zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. • A city’s zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still apply to these structures. Because conflicts may arise between the statute and a city’s local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. 1 2016 Laws, Chapter 111. 2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute at the time of publication of this FAQ are North Carolina and Virginia. It is worth noting that some states have adopted Accessory Dwelling Unit (ADU) statutes to allow granny flats, however, these ADU statutes differ from Minnesota’s Temporary Health Care Dwelling law. Temporary Family HealthCare Dwellings June 27, 2016 Page 2 • Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that individual’s power of attorney sign the permit application or a consent to release his or her data. • The application’s data requirements may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. • The new law sets forth a permitting system for both cities and counties 3. Cities should consider whether there is an interplay between these two statutes. Do cities need to do anything to have the new law apply in their city? No, the law goes into effect Sept. 1, 2016 and automatically applies to all cities that do not opt out or don’t already allow temporary family health care dwellings as a permitted use under their local ordinances. Do cities lose the option to opt out after the Sept. 1, 2016 effective date? No, the law does not set a deadline for opting out, so cities can opt out after Sept. 1, 2016. However, if the city has not opted out by Sept. 1, 2016, then the city must not only have determined a permit fee amount 4 before that date (if the city wants to have an amount different than the law’s default amount), but also must be ready on that date to accept applications and process the permits in accordance with the short timeline required by the law. Cities should consult their city attorney to analyze how to handle applications submitted after Sept. 1, 2016, but still pending at the time of a later opt out. What if a city already allows a temporary family health care dwelling as a permitted use? If the city already has designated temporary family health care dwellings as a permitted use, then the law does not apply and the city follows its own ordinance. The city should consult its city attorney for any uncertainty about whether structures currently permitted under existing ordinances qualify as temporary family health care dwellings. What process should the city follow if it chooses to opt out of this statute? Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide clear guidance on how to treat this opt-out ordinance. However, since the new law adds section 462.3593 to the land use planning act (Minn. Stat. ch. 462), arguably, it may represent the adoption or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357, subd. 2-4, including a public hearing with 10-day published notice. Therefore, cities may want to err on the side of caution and treat the opt-out ordinance as a zoning provision.5 3 See Minn. Stat. §394.307 4 Cities do have flexibility as to amounts of the permit fee. The law sets, as a default, a fee of $100 for the initial permit with a $50 renewal fee, but authorizes a city to provide otherwise by ordinance. 5 For smaller communities without zoning at all, those cities still need to adopt an opt-out ordinance. In those instances, it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the Temporary Family HealthCare Dwellings June 27, 2016 Page 3 Does the League have a model ordinance for opting out of this program? Yes. Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance Can cities partially opt out of the temporary family health care dwelling law? Not likely. The opt-out language of the statute allows a city, by ordinance, to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute, the most conservative approach would be to opt out of the statute, then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out, the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements. As mentioned above, if a city wants a program different from the one specified in the statute, the most conservative approach would involve opting out of the statute in its entirety and then adopting an ordinance structured in the manner best suited to the city. Again, a city should consult its city attorney when considering adopting an altered version of the state law. What is required in an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including, but not limited to:6 • Name, address, and telephone number of the property owner, the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care, primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician, physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more “instrumental activities of daily life;”7 statute, cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their communities. 6 New Minn. Stat. § 462.3593, subd. 3 sets forth all the application criteria. 7 This is a term defined in law at Minn. Stat. § 256B.0659, subd. 1(i) as “activities to include meal planning and preparation; basic assistance with paying bills; shopping for food, clothing, and other essential items; performing household tasks integral to the personal care assistance services; communication by telephone and other media; and traveling, including to medical appointments and to participate in the community.” Temporary Family HealthCare Dwellings June 27, 2016 Page 4 • An executed contract for septic sewer management or other proof of adequate septic sewer management; • An affidavit that the applicant provided notice to adjacent property owners and residents; • A general site map showing the location of the temporary dwelling and the other structures on the lot; and • Compliance with setbacks and maximum floor area requirements of primary structure. The law requires all of the following to sign the application: the primary caregiver, the owner of the property (on which the temporary dwelling will be located) and the resident of the property (if not the same as the property owner). However, neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a “caregiver” or “relative” resides. The statute defines caregiver as “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.” The definition of “relative” includes “a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships.” Is this program just for the elderly? No. The legislature did not include an age requirement for the mentally or physically impaired dweller. 8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as “mentally or physically impaired,” defined as “a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state.” The law specifically limits the time frame for these temporary dwellings permits to 6 months, with a one-time 6 month renewal option. Further, there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling 8 The law expressly exempts a temporary family health care dwelling from being considered “housing with services establishment”, which, in turn, results in the 55 or older age restriction set forth for “housing with services establishment” not applying. Temporary Family HealthCare Dwellings June 27, 2016 Page 5 What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the “granny flat” with its own foundation as a temporary structure. Qualifying temporary structures must: • Primarily be pre-assembled; • Cannot exceed 300 gross square feet; • Cannot attach to a permanent foundation; • Must be universally designed and meet state accessibility standards; • Must provide access to water and electrical utilities (by connecting to principal dwelling or by other comparable means 9); • Must have compatible standard residential construction exterior materials; • Must have minimum insulation of R-15; • Must be portable (as defined by statute); • Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361 (industrialized/modular buildings), “and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2”10; and • Must contain a backflow check valve.11 Does the State Building Code apply to the construction of a temporary family health care dwelling? Mostly, no. These structures must meet accessibility standards (which are in the State Building Code). The primary types of dwellings proposed fall within the classification of recreational vehicles, to which the State Building Code does not apply. Two other options exist, however, for these types of dwellings. If these structures represent a pre-fabricated home, the federal building code requirements for manufactured homes apply (as stated in Minnesota Rules, Chapter 1360). If these structures are modular homes, on the other hand, they must be constructed consistent with the State Building Code (as stated in Minnesota Rules, Chapter 1361). What health, safety and welfare requirements does this new law include? Aside from the construction requirements of the unit, the temporary family health care dwelling must be located in an area on the property where “septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner.” What local ordinances and zoning apply to a temporary health care dwelling? The new law states that ordinances related to accessory uses and recreational vehicle storage and parking do not apply to these temporary family health care dwellings. 9 The Legislature did not provide guidance on what represents “other comparable means”. 10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information, the American National Standards Institute website is located at https://www.ansi.org/. 11 New Minn. Stat. § 462.3593, subd. 2 sets forth all the structure criteria. Temporary Family HealthCare Dwellings June 27, 2016 Page 6 However, unless otherwise provided, setbacks and other local ordinances, charter provisions, and applicable state laws still apply. Because conflicts may arise between the statute and one or more of the city’s other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process. The permit approval process found in Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame within which the local governmental unit can make a decision on the permit. Due to the time sensitive nature of issuing a temporary dwelling permit, the city does not have to hold a public hearing on the application and has only 15 days (rather than 60 days) to either issue or deny a permit. For those councils that regularly meet only once a month, the law provides for a 30-day decision. The law specifically prohibits cities from extending the time for making a decision on the permit application. The new law allows the clock to restart if a city deems an application incomplete, but the city must provide the applicant written notice within five business days of receipt of the application identifying the missing information. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee. The law sets the fee at $100 for the initial permit with a $50 renewal fee, unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes, but only if the permit holder violates the requirements of the law. The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The permit holder then has sixty (60) days from the date of revocation to remove the temporary family health care dwelling. The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data, the city could, for example, request that the required certification of need simply state “that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living”, without including in that certification data or information about the specific reasons for the assistance, the types of assistance, the medical conditions or the treatment plans of the person with the mental illness or physical disability. Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes. As with any new law, to determine the potential impact on cities, the League recommends consulting with your city attorney. Temporary Family HealthCare Dwellings June 27, 2016 Page 7 Where can cities get additional information or ask other questions. For more information, contact Staff Attorney Pamela Whitmore at pwhitmore@lmc.org or LMC General Counsel Tom Grundhoefer at tgrundho@lmc.org. If you prefer calling, you can reach Pamela at 651.281.1224 or Tom at 651.281.1266. IMAGES OF GRANNY FLATS (TEMPORARY DWELLINGS) IMAGES OF GRANNY FLATS (TEMPORARY DWELLINGS) IMAGES OF GRANNY FLATS (TEMPORARY DWELLINGS)