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4.c Temporary DwellingsMemorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk From: Sherri Buss, RLA AICP, Planner Date: August 24, 2016 Reference: Temporary Dwelling Units— Ordinance Amendment for Public Hearing Project No.: 16023.000 Routing: The Planning Commission discussed potential amendments to the performance standards sections of the Development Code that regulate Temporary Dwelling Units—Care Facility and Temporary Dwelling Units During Construction at its August meeting. Staff have created a draft ordinance amendment based on that discussion. The Planning Commission will hold a public hearing on the proposed amendments at its September meeting. A summary of the proposed changes includes the following: • The addition of several definitions to the code related to the Temporary Care Units. The definitions were included in the recent state legislation regarding Temporary Care Units. • The amendment identifies the need to update the District sections of the Code to reflect the change from Interim Use Permits to Administrative permits for both types of Temporary Units. Temporary Dwelling Units—Care Facility Performance Standards • The amendment would permit the temporary units to be occupied by the person(s) being cared for or by the caregivers • The amendment changes the required permit from an Interim Use Permit to an Administrative permit, which will allow faster approval of the permit if needed Temaorary Dwellina Units Durina Construction Performance Standards • The amendment clarifies that a permit for a Temporary Unit During Construction is only needed for a manufactured home that is brought to the site to serve as the temporary unit. A permit is not needed when the existing home serves as a temporary unit during construction because the process to grant an occupancy permit will prevent two dwelling units from existing on the property simultaneously. • The amendment changes the required permit from an Interim Use Permit to an administrative permit. An employee owned company promoting affirmative action and equal opportunity 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292.4400 tkda.cam TKDA Memorandum To: Scandia Planning Commission Copies To: Neil Soltis, City Administrator Brenda Eklund, City Clerk From: Sherri Buss, RLA AICP, Planner Date: August 24, 2016 Reference: Temporary Dwelling Units— Ordinance Amendment for Public Hearing Project No.: 16023.000 Routing: The Planning Commission discussed potential amendments to the performance standards sections of the Development Code that regulate Temporary Dwelling Units—Care Facility and Temporary Dwelling Units During Construction at its August meeting. Staff have created a draft ordinance amendment based on that discussion. The Planning Commission will hold a public hearing on the proposed amendments at its September meeting. A summary of the proposed changes includes the following: • The addition of several definitions to the code related to the Temporary Care Units. The definitions were included in the recent state legislation regarding Temporary Care Units. • The amendment identifies the need to update the District sections of the Code to reflect the change from Interim Use Permits to Administrative permits for both types of Temporary Units. Temporary Dwelling Units—Care Facility Performance Standards • The amendment would permit the temporary units to be occupied by the person(s) being cared for or by the caregivers • The amendment changes the required permit from an Interim Use Permit to an Administrative permit, which will allow faster approval of the permit if needed Temaorary Dwellina Units Durina Construction Performance Standards • The amendment clarifies that a permit for a Temporary Unit During Construction is only needed for a manufactured home that is brought to the site to serve as the temporary unit. A permit is not needed when the existing home serves as a temporary unit during construction because the process to grant an occupancy permit will prevent two dwelling units from existing on the property simultaneously. • The amendment changes the required permit from an Interim Use Permit to an administrative permit. An employee owned company promoting affirmative action and equal opportunity CITY OF SCANDIA ORDINANCE NO. 177 AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 1, SECTION 4.2, DEFINITIONS; CHAPTER 2, SECTION 2, DISTRICT REGULATIONS; SECTION 4.25, TEMPORARY DWELLING UNIT --CARE FACLITY; AND 4.26, TEMPORARY DWELLING UNIT DURING CONSTRUCTION The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code ("Development Code", or "Code"), Chapter 1, Section 4.2, Definitions, shall be amended to add the following: • Caregiver: An individual 18 years of age or older who provides care for a mentally or physically -impaired person and is a relative, legal guardian, or health care agent of the mentally or physically -impaired parson for whom the individual is caring. • Instrumental activities of daily living: Has the meaning given in Minnesota Statutes 25613.0659, subdivision 1, paragraph (i) or its successor statutes. • Mentally or physically -impaired person: A person who is a resident of the State of Minnesota who requires assistance with two or more instrumental activities of daily living as certified in writing by a physician or physician assistant licensed to practice in Minnesota, or a certified nurse practitioner. • Relative: A spouse, parent, child, grandchild, sibling, uncle, aunt, nephew, or niece of the mentally or physically -impaired person. Relative includes half, step, and in-law relationships. Section 2. Amendment. Ordinance No. 122, the City of Scandia Development Code ("Development Code," or "Code") Chapter Two, Section 2, District Regulations shall be amended to read as follows: • In all applicable Districts, remove "Temporary Dwelling Unit—Care Facility" from the list of uses that requires an Interim Use Permit, and add this use to the list of uses that requires an Administrative Permit. • In all applicable Districts, remove "Temporary Dwelling Unit During Construction" from the list of uses that requires an Interim Use Permit, and add this use to the list of uses that requires an Administrative Permit. Section 3. Amendment. Ordinance No. 122, the City of Scandia Development Code ("Development Code," or "Code") Chapter Two, Section 4.25, Temporary Dwelling Unit—Care Facility shall be amended to read as follows: 4.25 Temporary Dwelling Unit—Care Facility. -Temporary dwelling units shall be permitted with an administrative permit, and shall comply with all of the following requirements. Ordinance No. 177 Page 1 of 3 (1) The property is limited to one temporary dwelling unit. (2) The dwelling may be occupied o4y-by persons who are receiving health-related care or treatment from the occupants of the single family dwelling to which the care facility is an accessory use, and who are related by blood, marriage or adoption to said occupants; or by caregivers for a mentally or physically -impaired person as defined in this Development Code. (3) The temporary dwelling unit shall use the existing road access drive of the principal dwelling unit on the property. (4) The unit shall be connected to an approved on-site waste disposal system. (5) The property owner shall submit a financial guarantee to the Zoning Administrator to ensure that the structure will be removed upon termination of the intefiffl useadministrative permit. The amount of the guarantee shall be determined by the Zoning Administrator. (6) Termination of Permit. The iii=iadministrativeuse permit shall expire when the dwelling unit is no longer occupied by eligible persons as described in paragraph (1)(B), or such earlier date as may be determined in the intefiffi permit. At the termination of thepermit, the temporary dwelling shall be removed from the premises or converted to another conforming use within thirty (30) days. 4.26 Temporary Dwelling Unit During Construction. Temporary dwelling units shall comply with all of the following requirements. (1) A Temporary Dwelling Unit that is a manufactured home that will be located temporarily on a parcel where a new home is being constructed to serve as a residence for the present or future occupants while a new home is being constructed, or while the existing home is being reconstructed or altered, requires an administrative permit. An existing single-family home that is being occupied while a new home is being constructed on the same parcel does not require a zoning permit. (2) The property is limited to one temporary dwelling unit during construction. (�3) The dwelling may be occupied only by persons who are the present or potential occupants of the single-family residence being constructed, reconstructed or altered. (34) An interim permit for the temporary dwelling may be issued only after the building permit has been obtained for the proposed construction. (45) The temporary dwelling unit shall use the existing or the proposed road access drive of the principal dwelling unit under construction. (56) The unit shall be connected to an approved on-site waste disposal system. Ordinance No. 177 Page 2 of 3 (67) The property owner shall submit a financial guarantee to the Zoning Administrator to ensure that the structure will be removed upon termination of the i use-administrative permit or the issuance of a certificate of occupancy for the new dwelling unit. The amount of the guarantee shall be determined by the Zoning Administrator. (78) Termination of Permit. The iseadministrative permit shall expire when construction is completed or within one hundred and eighty days from the date of issuance, whichever is less. At the termination of the intefifn tiseadministrative permit, the temporary dwelling shall be removed from the premises within thirty (30) days. Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this , 2016. Randall Simonson, Mayor ATTEST: Neil Soltis, Administrator/Clerk Ordinance No. 177 Page 3 of 3