HomeMy WebLinkAbout2016.07.18 CC PowerPoint Temp Health Care DwellingsTemporary Health Care
Dwellings
Monday, July 18, 2016
City Council Meeting
Background
•May 12, 2016: Bill signed into law
• Landowner (with existing residence) may place a
temporary dwelling on their property.
• Affects all properties with existing residences in the City.
• This temporary dwelling is transitional housing (for
short term care) for those with mental or physical
impairments.
• Cities may opt -out with adoption of an ordinance
• Must be completed by September 1, 2016 or Cities must
begin to accept applications.
Approval/Denial Process
• City has 15 days to issue a permit or to deny the
request.
• The normal review period under State Statute is 60 days.
• City doesn't have to hold a public hearing on
application.
• An application that meets the requirements cannot be
prohibited by a local ordinance that regulates accessory
uses or recreational vehicle parking or storage.
• The primary types of dwellings proposed fall within the
classification of recreational vehicles
• Time frame for temporary dwellings permits:
• 6 months, with a one-time 6 month renewal option.
Implications for the City
• The law requires cities to implement the new
temporary family health care dwelling law beginning
September 1, 2016.
• Prepare to accept applications
• Determined a permit fee amount
• Equipped to process the permits
• Considerable amount of staff time to complete.
• New law would allow this type of structure in all zoning
districts, even those that would not allow them.
• The City does allow similar structures within the City Code:
• Accessory dwelling units and accessory apartments
• These uses have their own performance standards and are
accessory uses in the rural areas of the City.
• The City has also issued interim use permits under certain
situations
Implications for the City Continued
• Tracking:
• Approved permits
• Renewals
• Ensuring dwelling is removed once permit has expired.
• Staff believes this process may be difficult because even though a
permit may expire, a healthcare issue generally does not and there
may be an unfavorable response from permit holders.
• Considerable amount of staff time dedicated to this process.
• Alters a City's level of zoning authority for these types of
structures, especially with provisions where accessory
structure or recreational vehicle ordinances do not apply.
• City's ordinances are made to preserve a neighborhood's
character.
• Cities that wish to opt out of this law must pass an
ordinance or resolution:
• Requires a public hearing through the Planning Commission and
approval by the City Council.
Planning Commission Update
• Recommended opting out of the Temporary Family
Healthcare Dwelling ordinance.
• Asked staff to provide an update/description on
accessory living arrangements the City allows.
Conclusion/Recommendation
• The law goes into effect September 1, 2016
• Automatically applies to all cities that do not opt out or
don't already allow temporary family health care dwellings
as permitted use under their local ordinances.
• Staff recommends that the City Council discuss the
temporary family health care dwelling ordinance and
provide staff with comments.
• Because the new law alters the City's level of zoning
authority and the structures have the potential to change
the character of the area, staff recommends opting out of
the temporary family health care dwelling ordinance.