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ITEM 3.9 Temporary DwellingsRequest for TY OF06ezo City Council Action MINNESOTA DEPARTMENT INFORMATION ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 25 July 2016 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda City Administrator Johnson 3.9 —Temporary Dwellings AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends adoption of an ordinance amending the Zoning Ordinance to opt -out of allowing temporary family health care dwellings as provided by Minnesota Statutes ARE YOU SEEKING APPROVAL OF A CONTRACT? W BAC KG R O U N DM U ST I F I CATION : IS A PUBLIC HEARING REQUIRED? Held by Planning Commission 1 August 2016. During the recent legislative session, a law was enacted amending Minnesota Statutes 462 (Municipal Planning) to provide allowance for temporary family health care dwellings under zoning ordinances adopted by local units of government. As the title implies, these dwellings are temporary portable housing units accessory to a principal dwelling to assist families in providing medical treatment, rehabilitation, and/or end of lie care outside of traditional medical facilities. Allowance of such uses would be consistent with the goals of the Comprehensive Plan to provide housing options for persons of all needs, including those addressed by the Statute requiring specialized housing and care related to medical issues. However, allowance of temporary family health care dwellings must also be considered within the context of the performance standards outlined by Minnesota statutes 462.3593 and other requirements the City might impose as to whether such uses will be compatible with surrounding land uses and are adequately served by infrastructure to protect public health safety and welfare intended to maintain high quality residential neighborhoods. City staff does not believe that the performance standards established by Minnesota Statutes 462.3593 provides adequate means to ensure adequate sewer service. The performance standards also do not address provision of a security as part of a temporary family health care dwelling permit to ensure removal of the unit after the expiration of the allowed term of use. Minnesota Statutes 462.3593, Subd. 9 provides an opt out clause to the allowance of temporary family health care dwellings. The opt out provision is enacted by amending the Zoning Ordinance. City staff recommends that the City opt out of allowing temporary health care dwellings for the reasons outlined herein. The City Council Administrative Subcommittee discussed temporary health care dwellings at their meeting on 13 July 2015 and concurred with the recommendation of City staff. The Planning Commission discussed allowance of temporary family health care dwellings at their meeting on 18 July 2016 and passed a motion to call for a public hearing to be held to consider amendment of the Zoning Ordinance to opt out of allowing temporary health care dwellings within the City. The public hearing was held on 1 August 2016. There were no public comments and no additional discussion by the Planning Commission. The Planning Commission closed the public hearing and voted 7-0 to recommend approval of the amendment. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Ordinance 2016-10 POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to adopt Ordinance 2016-10 to opt of allowing temporary family health care dwellings pursuant to Minnesota Statutes 462,3593, Subd. 9. BUDGET INFORMATION FUNDING: I BUDGETED: ❑ YES NA I o No ORDINANCE NO.: 2016-10 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE TO OPT OUT OF ALLOWING TEMPORARY FAMILY HEALTH CARE DWELLINGS PURSUANT TO MINNESOTA STATUTES 462.3593, SUBD. 9. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-16-2 of the Zoning Ordinance (Dwelling Unit Restriction) is hereby amended to add the following provision: F. The City opts -out of the requirements of Minnesota Statute §462 3593, which defines and regulates Temporary Family Health Care Dwellings, pursuant to authority granted bV Minnesota Statutes Section 462.3593, Subdivision 9. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: • ►17�'iI ALL IN FAVOR: THOSE OPPOSED: 2016. ADOPTED by the City Council of the City of Otsego this 8t" day of August, 1 CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk