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07-26-2016HOPKINS PLANNING AND ZONING COMMISSION AGENDA Tuesday, July 26, 2016 6:30 pm THIS AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF PLANNING AND ZONING COMMISSION MEETING I. CALL TO ORDER II. ADOPT AGENDA III. OPEN AGENDA – PUBLIC COMMENTS/CONCERNS IV. CONSENT AGENDA 1. Minutes of the June 28, 2016, Planning & Zoning Commission V. PUBLIC HEARING 1. Temporary Family Health Care Dwellings (16-15-TA) VI. OLD BUSINESS VII. NEW BUSINESS VIII. ANNOUNCEMENTS 1. 2040 Comprehensive Plan 2. NAPA Auto Store 3. Mainstreet Economic Development Plan IX. ADJOURN UNOFFICIAL PLANNING & ZONING COMMISSION MINUTES June 28, 2016 A regular meeting of the Hopkins Planning & Zoning Commission was held on Tuesday, June 28, 2016, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Brian Hunke, Gary Newhouse, Mike Tait, Emily Wallace- Jackson and James Warden. Absent was Commissioner Matt McNeil. Also present was City Planner Jason Lindahl. CALL TO ORDER Chair Kersson called the meeting to order at 6:30 p.m. ADOPT AGENDA Commissioner Warden moved, Commissioner Newhouse seconded, to adopt the agenda. The motion was approved unanimously. OPEN AGENDA – PUBLIC COMMENTS/CONCERNS CONSENT AGENDA Commissioner Warden moved, Commissioner Wallace-Jackson seconded, to approve the minutes of the May 31, 2016, regular meeting. The motion was approved unanimously. PUBLIC HEARINGS 1. Planning & Zoning Commission Bylaws Update (PR 16-12-TA) CONTINUED TO AUGUST 30 Mr. Lindahl stated that staff is still working with the City Attorney on the recommended changes to the Bylaws, so the item will be moved to the August 30 meeting, since the next meeting is a joint meeting with the City of Minnetonka. He stated that even though the Bylaws item will be continued, because the public hearing was published it is still necessary to open the hearing for comments. According to the Bylaws, discussion can continue to the August 30 meeting, and the City is not required to re-publish the public hearing notice. Commissioner Hunke moved, Commissioner Newhouse seconded, to table the item to the August 30 meeting. The motion was approved unanimously. 2. Medical Cannabis (TA-16-13) Mr. Lindahl stated that this application is the result of the Council’s moratorium on manufacturing and distribution facilities and their direction to staff to study the issue. He asked that the Commission discuss the issue, hear any public comments, and direct staff to bring a zoning ordinance text amendment back at a future meeting for further review and action. UNOFFICIAL Minutes of the Planning & Zoning Commission, June 28, 2016 – Page 2 Mr. Lindahl and the Commission discussed this item. Following are some of the comments: • Siting of distribution center in Hopkins is unlikely at this time. • Staff requested information from the nine cities designated to have facilities now regarding any code changes they have made; Vadnais Heights and Bloomington responded. • Treat as pharmacy/clinic use? • Require separate entry? • Staff not recommending changes to manufacturing uses. • Some aspects unique, such as pharmacist distributes product; not covered by insurance; credit card payment not allowed; black market has developed. • Security measures are covered in state code—not necessarily land use issues. City Attorney advised staff that security/lighting standards are not appropriate in zoning ordinance. • Opportunity for subsidiary businesses. • 1,000 ft. vs. 500 ft. from school; should daycare be included? Jason will bring map to next discussion. Information Commission requested: • Requirements for security/lighting for pharmacies? • Responses from Minneapolis/St. Paul. • Any data on crime concerns? • Refine chart. • Any legal implications? • Commission asked for summary of state security regulations if not too difficult to obtain. Chairman Kerssen opened the Public hearing. No one came forward to speak. Commissioner Hunke moved, Commissioner Newhouse seconded, to close the public hearing. The hearing was closed at 7:29 p.m. Commissioner Tait moved, Commissioner Wallace-Jackson seconded, to direct staff to bring additional information back for further review at the August meeting. The motion was approved unanimously. OLD BUSINESS - Mr. Lindahl stated there is no old business. NEW BUSINESS - Mr. Lindahl stated there is no new business. ANNOUNCEMENTS During the announcements, Mr. Lindahl updated the Planning & Zoning Commission on the following items. 1. 2040 Comprehensive Plan Update – Jason showed the Commission a video created to inform and engage people who don’t regularly attend meetings, etc., on the Comp Plan process. The video will be pushed on the web site, social media, and events beginning at Art in the Attic with a “poetry wagon” performance to solicit ideas. Staff is working on preparing an RFP for a consultant and construction of a steering committee. UNOFFICIAL Minutes of the Planning & Zoning Commission, June 28, 2016 – Page 3 2. July 26 Planning & Zoning Meeting – Healthcare dwelling units state law at 6:30 p.m. Joint work session with Minnetonka to discuss Shady Oak area zoning regulations at 7 p.m. 3. Floodplain Ordinance Update – FEMA has given cities November 4 deadline for updates to floodplain ordinance. 4. Health Care Dwellings – The state recently passed a law requiring local governments to allow health care dwelling units in residential areas. The law allows cities to opt-out of these provisions, and the City Council has expressed interest in doing so. The Planning & Zoning Commission will review this item during the July 26 meeting. OTHER At Mr. Lindahl’s request, Commissioner Hunke reported on the Economic Development Task Force on which he serves. Commissioner Hunke stated that the most recent meeting focused on facades and design guidelines and whether a change from “guidelines” to “requirements” should be made. Consensus was that the definition of the boundaries of the downtown district should be changed. A speaker at the meeting provided information that the downtown consists of 40% buildings, 40% parking and 20% pedestrian use. He stated that experience shows if cities devote more area to parking they will get more automobile traffic. ADJOURN Commissioner Warden moved, Commissioner Hunke seconded, to adjourn the meeting. The motion was approved unanimously. The meeting adjourned at 7:54 p.m. Respectfully submitted, Shannon Smith July 26, 2016 Planning Application 16-15-TA Temporary Family Health Care Dwellings Proposed Action: Staff recommends the following motion: Move to adopt Planning Commission Resolution 2016-11, recommending the City Council approve an ordinance opting out of the requirements of Minnesota Statute, Section 462.3593, related to temporary family health care dwellings. Overview This application was initiated by staff in response to a new state law related to temporary family health care dwelling units. Minnesota Statute, Section 462.3593, requires local governments to allow temporary family health care dwellings in residentially-zoned areas unless they approve an ordinance opting out of this statute before September 1, 2016. Currently, Hopkins zoning regulations prohibit these uses. Under the new law, any existing local zoning standards related to accessory use or recreational vehicles storage and parking are preempted and do not apply to the dwellings allowed by the new state law. Given the broad and uncertain nature of the law, both the City Attorney and Planning staff recommend opting- out of this legislation. This memo provides background information, standards from the new law, responses of other cities and outlines staff concerns. Primary Issues to Consider • Background Information • State Standards for Temporary Family Health Care Dwellings • Responses from Other Communities • Local Zoning Concerns Supporting Documents • Planning Commission Resolution 2016-11 • Community Survey Regarding Temporary Family Health Care Dwelling Units • Memo from City Attorney regarding Temporary Family Health Care Dwellings • Draft Ordinance from City Attorney – An Ordinance Opting Out of the Requirements of Minnesota Statutes, Section 462.3593 • Zoning of Temporary Family Health Care Dwellings, Minnesota Statutes, Section 462.3593 _____________________________________________ Sarah Emmel, Planning & Economic Development Intern Jason Lindahl, City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: Planning Application 16-15-TA Page 2 Primary Issues to Consider Background In May 2016, the Minnesota legislature passed a bill that allows the use of and regulates temporary family health care dwellings within the state. The law was drafted with the assistance of a Minnesota company that produces drop houses that can be used as these type of dwellings. The units will be allowed on residential lots as an accessory building, and will receive their power and water supply from the main residence. The allowed use of these units within the state law means that the city’s zoning ordinances for accessory uses or recreational vehicles that would otherwise regulate these temporary dwellings do not apply. According to its authors, the purpose of the law was to provide transitional housing to seniors who may require assistance or care from family members during a temporary health event. Caregivers who cannot provide this assistance in their main residence, due to limited space or lack of accessibility, have an additional option to keep their relatives close through the use of a small, temporary dwelling. Additionally, these health care dwellings have the potential to be less costly than nursing home care or other types of assisted living. Despite the law’s intent, the League of Minnesota Cities and many local governments objected to it because of its preemption of local zoning authority, as well as its broad and generalized approach. As a result, the State included a provision allowing cities the ability to opt out of this law. Cities may do this at any time, but if the opt out ordinance is not in effect by September 1, 2016, they must process applications for these dwellings after that date. In initial discussion, the City Council has expressed support for opting out of this law. State Standards for Temporary Family Health Care Dwellings The law sets regulatory parameters for the units, including: • The dwellings must be temporary in nature, with an initial permit lasting 6 months, and the option to renew for an additional 6 months. • The permit fee caps set for this process are $100 for the initial application and $50 for renewal. • Cities have 15 days to review applications for permits. • The applicant must notify neighbors of the unit. • A caregiver or relative must reside on the property where the temporary unit is placed. • The resident of the unit must have a documented need for assistance with “two or more instrumental activities of daily life,” certified by a health care professional. These needs could be either mental or physical. • The individual needing assistance must be listed upon the permit. • There is no requirement that the resident in the temporary unit be related to the caregiver, and there is no age requirement for the resident receiving care. Physical guidelines for the units are also included in the law. Acceptable structures can include modular housing, manufactured housing, and recreational vehicles, as long as they meet other criteria outlined in the statute. The law preempts any local zoning regulations that would otherwise prohibit these in residential lots. However, structures must follow any other rules such Planning Application 16-15-TA Page 3 as setback, stormwater, or easement requirements. According to the law, the temporary dwelling must follow the following standards. • Must be primarily preassembled • Must be no more than 300 square feet • Must not be attached to a permanent foundation • Must meet state-recognized accessibility standards • Must access water and electricity by connecting to the utilities serving the principal dwelling or by comparable means • Must have comparable standard residential exterior material • Must have minimum insulation of R-15 • Must be portable • 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 (now NFPA 1192, standard on recreational vehicles) • Must be equipped with a backflow check valve Responses from Other Communities Other communities in the metro have been opting out from this law due to various concerns. Below is a list of several communities in our area, their opt-out status, and the reasons they have stated for doing so. Many of them face similar challenges with the temporary dwellings as Hopkins does, including small lot size and inconsistencies with current zoning. Of the 22 communities in this survey, only Crystal plans to study this issue further. Local Zoning Concerns After comparing the law with the Hopkins zoning regulations, consulting with the City Attorney and surveying other local governments, staff offers the following concern regarding the new temporary family health care dwellings legislation. • The state law was not drafted with the local needs of Hopkins in mind, and does not address conflicts with current zoning, neighborhood concerns, or aesthetic considerations. • There is no ability to partially opt- out, or to change the requirements of this statute to suit the specific needs of the community. According to both the City Attorney and the League of Minnesota Cities, 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 in the manner best suited to the city. • Hopkins has primarily small lots, and there is no minimum lot size specified in the law. Accommodating these dwellings on many of Hopkins lots would be challenging. • According to the League of Minnesota Cities, the application’s data requirements may result in the city possessing nonpublic data such as health information for the individuals with the certified impairment. The individual with the impairment does not sign the permit application or a consent form to release their data. Planning Application 16-15-TA Page 4 Alternatives 1. Recommend the City Council approve an ordinance opting out of the requirements of Minnesota Statute, Section 462.3593, related to temporary family health care dwellings. By recommending to opt out of the requirements of the statute, the City Council will consider a recommendation of approval. 2. Recommend the City Council deny an ordinance opting out of the requirements of Minnesota Statute, Section 462.3593, related to temporary family health care dwellings. By recommending denial, the City Council will consider a recommendation of denial. Denying the ordinance to opt out of this law would require Hopkins to allow temporary family health care dwellings within all residentially-zoned areas, subject to the provision provided in the law. If the Planning Commission considers this alternative, findings will have to be identified that support this alternative. 3. Continue the application for further information. If the Planning Commission indicates that further information is needed, the item should be continued. It should be noted that continuing this item would likely not allow the City Council to review and act on this ordinance prior to the September 1, 2016, deadline. As a result, Hopkins would be subject to this law and be required to process these applications. Planning Application 16-15-TA Page 5 Community Survey Regarding Temporary Health Care Dwelling Units Community Status Reasons Given Saint Louis Park Likely opting out • Conflicts with current zoning • Concerns about verifying individual on permit is resident of dwelling versus a renter • Storm safety, as RVs are allowed and not required to be anchored • Concerns about the method of providing electricity and water from the main residence, and septic pumping required Minnetonka Introducing opt- out as an option • Other options available for this type of housing within the city • Structures do not need to meet building codes Excelsior Opted out • Small lot sizes • Zoning conflicts Lauderdale Opted out • Concerns about enforcement of temporary status • Concerns about verifying individual on permit is resident of dwelling versus a renter Lakeville Opting out • Neighborhoods with small lot sizes • Concerns about privacy regarding individual’s health condition on permit • Limited review time for permits, no period to hold public hearing Crystal Opting out • Would like to select their own requirements and criteria for these types of dwellings Savage Opting out • Small lots • Difficulty monitoring status Bloomington Opting out • Response not provided Burnsville Opted out • Response not provided Brooklyn Park Opting out • Response not provided Lake Elmo Likely opting out • Response not provided Mendota Heights Likely opting out • Response not provided Mounds View Opting out • Response not provided North Saint Paul Opting out • Response not provided New Brighton Opting out • Response not provided Oak Park Heights Opting out • Response not provided Oakdale Opting out • Response not provided Robbinsdale Opted out • Ordinance to opt out approved Richfield Opting out • Response not provided Rosemount Opting out • Response not provided Shakopee Opting out • Response not provided Stillwater Opting out • Response not provided CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA PLANNING & ZONING COMMISSION RESOLUTION NO. 2016-11 A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE OPTING OUT OF THE REQUIREMENTS OF MINNESOTA STATUTE, SECTION 462.3593, RELATED TO TEMPORARY FAMILY HEALTH CARE DWELLINGS WHEREAS, the City of Hopkins initiated an application to consider an ordinance opting- out of the requirements of Minnesota Statute, Section 462.3593, related to temporary family health care dwellings; and WHEREAS, the procedural history of the application is as follows: 1. That an application to consider an ordinance opting out of the requirements of Minnesota Statute, Section 462.3593, related to temporary family health care dwellings; 2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on July 26, 2016, and all persons present were given an opportunity to be heard; and, 3. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the City of Hopkins hereby recommends that the City Council approve an ordinance opting- out of the requirements of Minnesota Statute, Section 462.3593, related to temporary family health care dwellings based on the following findings of fact: 1. Minnesota Statute, Section 462.3593, would preempt local zoning control over temporary family health care dwellings and allow for local governments to opt out of this law. Adopted by the Planning & Zoning Commission of the City of Hopkins this 26th day of July 2016. ATTEST: ______________________ Brain Hunke, Chair 482684v2 SJR HP145-9 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D MEMORANDUM DATE: July 7, 2016 TO: Kersten Elverum, Director of Economic Development & Planning Jason Lindahl, City Planner FROM: Scott J. Riggs, City Attorney Andrew M. Biggerstaff, Assistant City Attorney RE: Temporary Family Health Care Dwellings _________________________________________________________________________ During the 2016 legislative session, the Minnesota legislature passed, and the governor signed into law, a new state law which creates a new express authorization that allows the use of temporary family health care dwellings. Under the law, cities have the opportunity to opt-out by ordinance. Failure to do so will result in the new law applying within the City. What is Allowed? The new law preempts local zoning laws as they relate to the placement of “temporary healthcare dwellings” which are generally defined as small temporary living units for persons with a mental or physical disability.1 Under the new law, property owners are able to place these temporary units on their land regardless of zoning codes which may otherwise prohibit them.2 The new law puts in place the criteria required for these temporary structures. Cities generally will not have the ability to modify this list of criteria. The standards which must be met are that the temporary structure must: 1. Primarily be pre-assembled; 1 Minn. Stat. § 462.3593, subd. 2. 2 For instance, zoning regulations related to recreational or other vehicle parking, accessory use, dwelling unit limitation etc. are preempted. & 482684v2 SJR HP145-9 2. Cannot exceed 300 gross square feet; 3. Cannot attach to the permanent structure; 4. Must be universally designed and meet state accessibility standards; 5. Must provide access to water and electrical utilities (by connecting to principal dwelling or other comparable means); 6. Must have compatible standard residential construction exterior materials; 7. Must have minimum insulation of R-15; 8. Must be portable (as defined by statute); 9. Must comply with applicable Minnesota Rules; and 10. Must contain a backflow check valve. What Must the City Do? Under the new law, cities are required to process applications for these units.3 If the unit meets the requirements of the state law, the city must approve its placement for six months. Renewal applications are available, extending the maximum term to one year. The city may also require inspections of the units. Cities may charge a licensing fee not to exceed $100 for an initial license, or $50 for a temporary license. What Options Do Cities Have? Because this is a general law, it applies in every county and city within the state. However, the legislature provided an “opt-out” provision which allows cities to effectively prohibit these units under their zoning code by the adoption of an ordinance. Because the general law takes effect on September 1, 2016, cities who wish to prohibit these units should act to properly adopt the ordinance prior to that date. Failure to do so will create an interim period where these units will be allowed within the city, which will likely lead to non-conforming structures if and when the city does opt-out. While the legislature was not clear about the process for adopting such an ordinance, cities should treat these as amendments to their zoning code.4 This requires a public hearing on the opt-out ordinance upon at least ten days’ published notice. Additionally, the matter should be referred to the responsible planning agency in accordance with state law.5 A sample ordinance has been attached hereto as Exhibit A. 3 Minn. Stat. § 462.3593, subd. 3. 4 Because the new law was codified in Minn. Stat. Ch. 462, it is generally considered a zoning provision. 5 Minn. Stat. § 462.357, subd. 4. 482684v2 SJR HP145-9 EXHIBIT A ORDINANCE NO.____________ CITY OF HOPKINS AN ORDINANCE OPTING-OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 WHEREAS, on May 12, 2016, Governor Dayton signed into law the creation and regulation of temporary family health care dwellings, codified at Minnesota Statutes, Section 462.3593, which permit and regulate temporary family health care dwellings; WHEREAS, subdivision 9 of Minnesota Statutes, Section 462.3593 allows cities to “opt out” of those regulations; THE CITY OF HOPKINS, ORDAINS: Section 1. Section ___, titled ________________/[or Miscellaneous] is being added to the Hopkins City Code by adding the bolded and underlined material as follows [or, an uncodified Ordinance is adopted as follows]: _______________ [or Miscellaneous] 1. Opt-Out of Minnesota Statutes, Section 462.3593: Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Hopkins opts-out of the requirements of Minnesota Statutes, Section 462.3593, which defines and regulates Temporary Family Health Care Dwellings. SECTION 2. This ordinance shall take effect and be in force upon its publication, in accordance with Section 3.07 of the City Charter. Introduced to the City Council of the City of Hopkins, Minnesota, this ____ day of ____________, 2016. Passed by the City Council of the City of Hopkins, Minnesota, this ______ day of ____________, 2016. Published on the ______ day of ______________, 2016. __________________________________ Molly Cummings, Mayor ___________________________________ Amy Domeier, City Clerk