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Community Assets & Development Department MEMORANDUM DATE: September 14, 2016 TO: Planning Commission FROM: Janice Gundlach, Asst. Director of Community Assets & Development/Planning Director SUBJECT: Temporary Family Health Care Dwellings On August 23, 2016, the City Council adopted Ordinance No. 845, opting out of the Temporary Family Health Care Dwelling legislation in Minnesota Statues, Section 462.3593 that the Governor signed into law on May 1, 2016 and which became effective on September 1, 2016. This item appeared before the Planning Commission for a public hearing on August 16, 2016, where no public testimony was given. The City Council, prior to directing the Commission to hold a public hearing on the opt-out ordinance, noted a desire to enact local regulations that include requirements that address local concerns. The City Council also understood the need to provide for an expedited permit. But, the Council also discussed the value local zoning regulations have on the community’s quality of life and how to prevent nuisances from occurring. Thus, the Council directed the Planning Commission to discuss this topic and provide for local permitting that addresses local concerns. The Council noted the local regulations shall: • Meet the needs of users of Temporary Family Health Care Dwellings, • Address quality of life issues that are inherent to typical zoning regulations, and • Prevent nuisances to the greatest practical extent. Staff finds the standards enacted by the state are a very good starting point, and would envision local regulations to include these standards, as well as additional standards to ensure quality of life and nuisance control. Staff offers the following additional topics for consideration and discussion: • How to confirm the occupant meets minimum standards in terms of being mentally or physically impaired and is a relative or caregiver to the property owner of which the temporary dwelling is located. Staff is seeking direction from the City Attorney on what we can legally ask for and if a doctor’s note is a reasonable ask to ensure conformance with this requirement. • How to ensure sewage is properly managed. The state law states that “an executed contract for septic service management or other proof of adequate septic service management” is a requirement of the application. Is submission of a signed contract for service adequate? Do we need to dictate how often service is provided, weekly, bi-weekly, monthly, etc.? • The state law requires the applicant provide notice to adjacent property owners. The Commission may want to consider a local requirement that not only requires notification of the temporary family health care dwelling to surrounding property owners, but also approval or acceptance.