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D-11. Approve Ordinance Regulating Drop Homes IOW MEMORANDUM CITY OF TO: Todd Gerhardt, City Manager CHANHASSFN FROM: MacKenzie Walters, Assistant Planner 7700 Market Boulevard DATE: August 22, 2016 W PO Box 147 Chanhassen,MN 55317 SUBJ: Ordinances Amending Chapters 20 Administration Phone:952.227.1100 PROPOSED MOTION Fax:952.227.1110 "City Council approves the Ordinance amending Chapter 20 of the Chanhassen Building Inspections City Code regulating accessory structures." Phone:952.227.1180 Fax:952.227.1190 City Council approval requires a majority vote of all members of City Council. Engineering Phone:952.227.1160 EXECUTIVE SUMMARY Fax:952.227.1170 Finance Phone:952.227.1140 On May 12, 2016 Governor Dayton signed into law the creation and regulation of Fax:952.227.1110 temporary family health care dwellings, codified as Minn. Stat. 462.3593. The law contains a subdivision allowing cities which do not wish to allow temporary family Park&Recreation health care dwellings to opt-out of the law before it takes effect on September 1, Phone:952227.1120 2016. This potential impact of this law was discussed by the Planning Commission on Fax:952.227.1110 June 19, 2016 and as a work session item by the City Council on July 25, 2016. The Recreation Center Planning Commission held a public hearing on August 16, 2016 to review the 2310 Coulter Boulevard proposed ordinance. Phone:952.227.1400 Fax:952.227.1404 Chapter 20, Zoning Planning& Natural Resources Issue: Minn. Stat. 462.3593 requires cities to allow the placement of temporary Y Phone:952.227.1130 family health care dwellings in single family residential districts. The intent of the Fax:952.227.1110 law is to allow families to care for terminally ill family members. The law exempts these units from local regulations governing accessory structures and establishes a Public Works permitting process for evaluating applications for these units. 7901 Park Place Phone:952.227.1300 There are numerous concerns and uncertainties with both the way this law will Fax:952.227.1310 interact with existing local ordinances and the practical aspects of how monitoring Senior Center and enforcement of the new law will work. Phone:952.227.1125 Fax:952.227.1110 Chanhassen's Zoning Code provides numerous mechanisms for allowing residents to provide care for ill or disabled family members. Given the concerns over the law's Website impact on local zoning regulations, the impacts on administration of the statute, and www.ci.chanhassen.mn.us the fact that it does not address a local need, staff was directed to draft an ordinance opting-out of Minn. Stat. 462.3593. Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow Todd Gerhardt, City Manager City Code Amendments August 22, 2016 Page 2 of 2 PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on August 16, 2016 to review the proposed ordinance amendment Chapters 20. The Planning Commission voted 5—0 to recommend that City Council approve the amendment. The August 16,2016 Planning Commission minutes are in the consent agenda of the August 22, 2016 City Council agenda. RECOMMENDATION Staff recommends adoption of the ordinance amending Chapters 20. ATTACHMENTS 1. Planning Commission Staff Report Dated August 16, 2016 2. Bill of law: Temporary Family Health Care Dwellings 3. Ordinance Amending Chapters 20, Zoning, Section 20-904, Subsection(f). 4. League of Minnesota Cities White Paper 5. KSF Cities-Drop Homes 6. Summary of Responses Received- Opt-out Temporary Health Care Dwellings G:\PLAN\City Code\Issue Paper\Drop Homes\Drop Homes Executive Summary MEMORANDUM 1 -Z CITY OF TO: Planning Commission CIIANHASSEN FROM: MacKenzie Walters, Assistant Planner 7700 Market ket Boulevard DATE: August 16, 2016 47 Chanhassen,MN 55317 SUBJECT: City Code Amendment Chapter 20, Zoning: Accessory structures Administration Phone:952.227.1100 Fax:952.227.1110 Proposed Motion: Building Inspections Phone:952.227.1180 "The Chanhassen Planning Commission recommends that City Council adopt the Fax:952.227.1190 attached ordinance amending Chapter 20 of the Chanhassen City Code regulating accessory structures." Engineering Phone:952.227.1160 Fax:952.227.1170 Background: Finance On July 25th, 2016 staff presented an issue paper to the City Council addressing the Phone:952.227.1140 recently passed Minnesota Statutes Section 462.3593 described below. The City Fax:952.227.1110 Council directed staff to draft an amendment opting out of the new law. Park&Recreation On July 19th, 2016 staff presented information to the planning Commission Phone:952.227.1120 Fax:952.227.1110 addressing the recently passed Minnesota Statutes Section 462.3593 descried below. Planning Commission directed staff to investigate its potential implications and to Recreation Center research how other communities were responding to the legislation. 2310 Coulter Boulevard Phone:952.227.1400 On May 12th, 2016 Governor Dayton signed into law a bill (attached) allowing the Fax:952.227.1404 placement of accessory dwelling units called temporary family health care dwellings, Planning& hereafter referred to as drop homes, in residential districts. The law specifies that Natural Resources these drop homes should be mostly pre-assembled, less than 300 sq. ft. in size, meet Phone:952.227.1130 Minnesota accessibility standards,be connected to water and electrical utilities, and Fax:952.227.1110 meet the minimum standards for manufactured homes. Public Works The law establishes a permit application process which municipalities must use to 7901 Park Place evaluate requests to install a drop home. The application process requires the Phone:952.227.1300 Fax:952.227.1310 applicant to submit a certificate verifying the occupant's disability, proof of the provider network from which health care is received, an affidavit that nearby property Senior Center owners have been notified of the proposed drop home, a septic service management Phone:952.227.1125 contract/plan, and a general site map showing the drop pod's proposed location. Fax:952.227.1110 Cities may charge a $100.00 permit fee for the first six-month permit, and $50.00 for a single six-month exception. No other fees may be charged. Cities are required to Website evaluate and approve permits within 15 days www.ci.chanhassen.mn.us Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow Planning Commission Issue Paper—Drop Homes July 19, 2016 Page 2 of 4 The law allows cities to conduct inspections of drop homes, mandates that they follow primary structure setbacks, and allows cities to revoke the permits in the event that the structure violates the conditions established by Minnesota Statutes Section 462.3593. In such cases, the owner of the drop home would have 60 days to remove the structure. The law is silent on how an owner could appeal a decision to revoke their permit. Finally,the law has an opt-out clause. Cities which do not wish to allow drop homes may pass an ordinance opting out of the requirements of Minnesota Statutes Section 462.3593. For Cities that do not opt-out, the law will take effect on September 1St, 2016. Analysis: The intent of Minnesota Statutes Section 462.3593 is to allow individuals who are unable or unwilling to place disabled or ill family members in assisted living or hospice facilities an alternative option for providing care. In order to do this, the law exempts drop homes from local ordinances governing accessory use and/or recreational vehicles. Issues: These exemptions have raised the following concerns: 1) The inability to require a survey as a part of the permit will make it difficult to accurately evaluate drop home's locations and ensure they are correctly placed on the parcel; 2) The presence of multiple dwelling units on properties zoned for a single dwelling could increase neighborhood densities beyond desired levels; 3) Multiple dwelling units located on properties zoned for single family residential use violates the intent and objective of that zoning designation; and 4) Potential conflicts between the statute and local ordinances. The permit process outlined by the ordinance is also problematic as it: 1) Establishes permit fees of$100.00 for the initial permit and $50.00 for the permit extension. These fees are unlikely to allow the City to recoup the cost of processing the permit, inspecting the property, and engaging in any needed enforcement activities; 2) Does not contain provisions or criteria to be used in evaluating a request to extend the permit; 3) Requires City staff to verify physical health and relationship of applicant. This could potentially require City staff to work with personal medical data which may create HIPPA data handling concerns; Planning Commission Issue Paper—Drop Homes July 19, 2016 Page 3 of 4 4) The 15-day window to evaluate and issue the permit makes it difficult to solicit public input(normally the City has 60 days to issue similar permits); 5) The 60-day period to remove a non-compliant structure is excessive and does not outline an appeals process; 6) The law is silent regarding which circumstances would allow a property owner to apply for a new permit; and 7) Creates additional oversight and enforcement requirements for municipal governments. Findings Unresolved concerns regarding this law's impact on zoning districts, existing ordinances, and the process by which these permits are evaluated and issued have caused all of Chanhassen's KFS Cities to utilize the opt-out provision. Furthermore, an informal survey conducted by the MMCA showed thirty-two of thirty-three cities choosing to opt-out of the new law. The ordinance's intent is to make sure that Minnesota residents have the opportunity to provide end of life care for their loved ones. Currently residents of Chanhassen have the following options: 1) Request a variance from the existing code to accommodate unique circumstances; 2) House aging family members in currently unoccupied rooms; 3) Senior oriented apartments; 4) Group homes; 5) Short term health care facilities; and 6) Assisted living facilities. Due to these options, there are viable opportunities to provide housing for elderly or terminal relatives, and there does not currently exist a need to allow drop homes in single family districts. Summary Ultimately, the ordinance represents a"one size fits all" solution to the issue of how to care for our aging population. While well intentioned, it does not adequately address local concerns. Additionally, it is not clear how the ordinance will work with existing local ordinances or other provisions in the state statutes which specify minimum standards for the construction of dwelling units and utilities connections. Finally, the permitting process is not consistent with how Chanhassen handles other permits and places additional burdens and costs upon the City which the fee is insufficient to recoup. Planning Commission Issue Paper—Drop Homes July 19, 2016 Page 4 of 4 Recommendation: Staff recommends that the Planning Commission recommend approval of the attached ordinance amending Chapter 20 Zoning of the Chanhassen City Code pertaining to accessory structures. ATTACHMENTS: 1. Bill of law temporary family health care dwellings 2. Ordinance Amending Chapter 20, Zoning, Section 20-904, Subsection (f). 3. League of Minnesota Cities White Paper 4. KSF Cities-Drop Homes 5. Summary of Responses Received—Opt-out Temporary Health Care Dwellings G:\PLAN\City Code\Issue Paper\Drop Homes\Temporary Family Health Care Dwellings Planning Commission Report Attachment 1 Sec. 3. [462.3593] TEMPORARY FAMILY HEALTH CARE DWELLINGS. Subdivision 1. Definitions. (a)For purposes of this section,the following terms have the meanings given. (b) "Caregiver" means an individual 18 years of age or older who: (1)provides care for a mentally or physically impaired person; and (2)is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring. (c) "Instrumental activities of daily living" has the meaning given in section 256B.0659, subdivision 1, paragraph(i). (d) "Mentally or physically impaired person"means a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified in writing by a physician,a physician assistant, or an advanced practice registered nurse licensed to practice in this state. (e) "Relative"means a spouse,parent, grandparent,child, grandchild,sibling,uncle, aunt,nephew, or niece of the mentally or physically impaired person.Relative includes half, step,and in-law relationships. (f) "Temporary family health care dwelling"means a mobile residential dwelling providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that meets the requirements of subdivision 2. Subd. 2. Temporary family health care dwelling. A temporary family health care dwelling must: (1)be primarily assembled at a location other than its site of installation; (2)be no more than 300 gross square feet; (3)not be attached to a permanent foundation; (4)be universally designed and meet state-recognized accessibility standards; (5)provide access to water and electric utilities either by connecting to the utilities that are serving the principal dwelling on the lot or by other comparable means; (6)have exterior materials that are compatible in composition,appearance,and durability to the exterior materials used in standard residential construction; (7)have a minimum insulation rating of R-15; (8)be able to be installed,removed, and transported by a one-ton pickup truck as defined in section 168.002, subdivision 21b, a truck as defined in section 168.002, subdivision 37,or a truck tractor as defined in section 168.002, subdivision 38; (9)be built to either Minnesota Rules, chapter 1360 or 1361,and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2; and (10)be equipped with a backflow check valve. Subd. 3. Temporary dwelling permit; application. (a)Unless the municipality has designated temporary family health care dwellings as permitted uses,a temporary family health care dwelling is subject to the provisions in this section.A temporary family health care dwelling that meets the requirements of this section cannot be prohibited by a local ordinance that regulates accessory uses or recreational vehicle parking or storage. (b)The caregiver or relative must apply for a temporary dwelling permit from the municipality.The permit application must be signed by the primary caregiver,the owner of the property on which the temporary family health care dwelling will be located,and the resident of the property if the property owner does not reside on the property, and include: (1)the name,address, and telephone number of the property owner,the resident of the property if different from the owner,and the primary caregiver responsible for the care of the mentally or physically impaired person; and the name of the mentally or physically impaired person who will live in the temporary family health care dwelling; (2)proof of the provider network from which the mentally or physically impaired person may receive respite care,primary care, or remote patient monitoring services; (3)a written certification that the mentally or physically impaired person requires assistance with two or more instrumental activities of daily living signed by a physician, a physician assistant,or an advanced practice registered nurse licensed to practice in this state; (4)an executed contract for septic service management or other proof of adequate septic service management; (5)an affidavit that the applicant has provided notice to adjacent property owners and residents of the application for the temporary dwelling permit; and (6) a general site map to show the location of the temporary family health care dwelling and other structures on the lot. (c)The temporary family health care dwelling must be located on property where the caregiver or relative resides.A temporary family health care dwelling must comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure.The temporary family health care dwelling must be located on the lot so that septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner. (d)A temporary family health care dwelling is limited to one occupant who is a mentally or physically impaired person.The person must be identified in the application. Only one temporary family health care dwelling is allowed on a lot. (e)Unless otherwise provided,a temporary family health care dwelling installed under this section must comply with all applicable state law, local ordinances,and charter provisions. Subd. 4. Initial permit term; renewal. The initial temporary dwelling permit is valid for six months. The applicant may renew the permit once for an additional six months. Subd. 5. Inspection. The municipality may require that the permit holder provide evidence of compliance with this section as long as the temporary family health care dwelling remains on the property.The municipality may inspect the temporary family health care dwelling at reasonable times convenient to the caregiver to determine if the temporary family health care dwelling is occupied and meets the requirements of this section. Subd. 6. Revocation of permit. The municipality may revoke the temporary dwelling permit if the permit holder violates any requirement of this section. If the municipality revokes a permit,the permit holder has 60 days from the date of revocation to remove the temporary family health care dwelling. Subd. 7. Fee. Unless otherwise provided by ordinance,the municipality may charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit. Subd. 8. No public hearing required; application of section 15.99. (a)Due to the time-sensitive nature of issuing a temporary dwelling permit for a temporary family health care dwelling,the municipality does not have to hold a public hearing on the application. (b)The procedures governing the time limit for deciding an application for the temporary dwelling permit under this section are governed by section 15.99,except as provided in this section.The municipality has 15 days to issue a permit requested under this section or to deny it, except that if the statutory or home rule charter city holds regular meetings only once per calendar month the statutory or home rule charter city has 30 days to issue a permit requested under this section or to deny it. If the municipality receives a written request that does not contain all required information,the applicable 15-day or 30-day limit starts over only if the municipality sends written notice within five business days of receipt of the request telling the requester what information is missing. The municipality cannot extend the period of time to decide. Subd. 9. Opt-out. A municipality may by ordinance opt-out of the requirements of this section. Sec.4. EFFECTIVE DATE. This act is effective September 1,2016, and applies to temporary dwelling permit applications made under this act on or after that date. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20-904(0 CHANHASSEN CITY CODE, Whereas, on May 12th, 2016 Governor Dayton signed into law the creation and regulation of temporary family health care dwellings, codified at Minn. Stat. 462.3593, which permits and regulate temporary family health care dwellings; Whereas, subdivision 9 of Minn. Stat. 462.3593 allows cities to "opt out"of those regulations; Now therefore,The City Council of the City of Chanhassen, Minnesota, Ordains: Section 1. The Chanhassen City Code is amended by adding section 20-904(f)to read as follows: Pursuant to authority granted by Minnesota Statutes, Section 462.3593 subdivision 9, the City of Chanhassen opts-out of the requirements of Minnesota Statutes, Section 462.3593, which defines and regulates Temporary Family Health Care Dwellings. Section2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of , 2016, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Denny Laufenburger, Mayor (Published in the Chanhassen Villager on ) 0 LEAGUE OF CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures—What it means for Cities Introduction: On May 12,2016, Gov. Dayton signed, into law, a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling.t Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative for a"mentally or physically impaired person",by allowing them to stay in a "temporary dwelling" on a relative's or caregiver's property.2 Where can I read the new law? Until the state statutes are revised to include bills passed this session,cities can find this new bill at 2016 Laws, Chapter 111. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes,unless a city opts out of the new law or currently allows temporary family health care dwellings as a permitted use. Considerations for cities regarding the opt-out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. When analyzing whether or not to opt out, cities may want to consider that: • The new law alters a city's level of zoning authority for these types of structures. • While the city's zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. • A city's zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still apply to these structures. Because conflicts may arise between the statute and a city's local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. 1 2016 Laws.Chapter 111. 2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute at the time of publication of this FAQ are North Carolina and Virginia.It is worth noting that some states have adopted Accessory Dwelling Unit(ADU)statutes to allow granny flats,however,these ADU statutes differ from Minnesota's Temporary Health Care Dwelling law. 145 UNIVERSITY AVE.WEST PHONE:(651)281-1200 FAX:(651)281-1299 ST. PAUL. MN 55103-2044 TOLL FREE:(800)925-1122 WEB:WWW.LMC.ORG Temporary Family HealthCare Dwellings June 27, 2016 Page 2 • Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that individual's power of attorney sign the permit application or a consent to release his or her data. • The application's data requirements may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. • The new law sets forth a permitting system for both cities and counties3. Cities should consider whether there is an interplay between these two statutes. Do cities need to do anything to have the new law apply in their city? No, the law goes into effect Sept. 1, 2016 and automatically applies to all cities that do not opt out or don't already allow temporary family health care dwellings as a permitted use under their local ordinances. Do cities lose the option to opt out after the Sept. 1, 2016 effective date? No,the law does not set a deadline for opting out, so cities can opt out after Sept. 1, 2016. However, if the city has not opted out by Sept. 1, 2016, then the city must not only have determined a permit fee amount'before that date(if the city wants to have an amount different than the law's default amount),but also must be ready on that date to accept applications and process the permits in accordance with the short timeline required by the law. Cities should consult their city attorney to analyze how to handle applications submitted after Sept. 1,2016,but still pending at the time of a later opt out. What if a city already allows a temporary family health care dwelling as a permitted use? If the city already has designated temporary family health care dwellings as a permitted use,then the law does not apply and the city follows its own ordinance. The city should consult its city attorney for any uncertainty about whether structures currently permitted under existing ordinances qualify as temporary family health care dwellings. What process should the city follow if it chooses to opt out of this statute? Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide clear guidance on how to treat this opt-out ordinance. However, since the new law adds section 462.3593 to the land use planning act(Minn. Stat. ch. 462), arguably, it may represent the adoption or an amendment of a zoning ordinance,triggering the requirements of Minn. Stat. § 462.357, subd. 2-4, including a public hearing with 10-day published notice. Therefore, cities may want to err on the side of caution and treat the opt-out ordinance as a zoning provision.5 3 See Minn. Stat.§394.307 4 Cities do have flexibility as to amounts of the permit fee. The law sets,as a default,a fee of$100 for the initial permit with a$50 renewal fee,but authorizes a city to provide otherwise by ordinance. 5 For smaller communities without zoning at all,those cities still need to adopt an opt-out ordinance. In those instances,it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the Temporary Family HealthCare Dwellings June 27, 2016 Page 3 Does the League have a model ordinance for opting out of this program? Yes.Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance Can cities partially opt out of the temporary family health care dwelling law? Not likely.The opt-out language of the statute allows a city,by ordinance, to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute,the most conservative approach would be to opt out of the statute,then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out,the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements. As mentioned above, 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 structured in the manner best suited to the city. Again, a city should consult its city attorney when considering adopting an altered version of the state law. What is required in an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including,but not limited to:6 • Name, address, and telephone number of the property owner,the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care,primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician,physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more"instrumental activities of daily life;"7 statute,cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their communities. 6 New Minn.Stat. §462.3593,subd.3 sets forth all the application criteria. This is a term defined in law at Minn.Stat. §256B.0659,subd. 1(i)as"activities to include meal planning and preparation;basic assistance with paying bills;shopping for food,clothing,and other essential items;performing household tasks integral to the personal care assistance services;communication by telephone and other media;and traveling,including to medical appointments and to participate in the community." Temporary Family HealthCare Dwellings June 27,2016 Page 4 • An executed contract for septic sewer management or other proof of adequate septic sewer management; • An affidavit that the applicant provided notice to adjacent property owners and residents; • A general site map showing the location of the temporary dwelling and the other structures on the lot; and • Compliance with setbacks and maximum floor area requirements of primary structure. The law requires all of the following to sign the application: the primary caregiver, the owner of the property(on which the temporary dwelling will be located) and the resident of the property(if not the same as the property owner). However, neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a "caregiver"or"relative"resides. The statute defines caregiver as "an individual, 18 years of age or older, who: (1)provides care for a mentally or physically impaired person; and(2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring."The definition of"relative" includes "a spouse,parent, grandparent, child, grandchild, sibling,uncle, aunt,nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships." Is this program just for the elderly? No. The legislature did not include an age requirement for the mentally or physically impaired dweller. 8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as "mentally or physically impaired,"defined as"a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state."The law specifically limits the time frame for these temporary dwellings permits to 6 months,with a one-time 6 month renewal option. Further,there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling 8 The law expressly exempts a temporary family health care dwelling from being considered"housing with services establishment",which,in turn,results in the 55 or older age restriction set forth for"housing with services establishment"not applying. Temporary Family HealthCare Dwellings June 27, 2016 Page 5 What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the"granny flat"with its own foundation as a temporary structure. Qualifying temporary structures must: • Primarily be pre-assembled; • Cannot exceed 300 gross square feet; • Cannot attach to a permanent foundation; • Must be universally designed and meet state accessibility standards; • Must provide access to water and electrical utilities(by connecting to principal dwelling or by other comparable means9); • Must have compatible standard residential construction exterior materials; • Must have minimum insulation of R-15; • Must be portable(as defined by statute); • 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"10; and • Must contain a backflow check valve." Does the State Building Code apply to the construction of a temporary family health care dwelling? Mostly, no.These structures must meet accessibility standards(which are in the State Building Code). The primary types of dwellings proposed fall within the classification of recreational vehicles,to which the State Building Code does not apply. Two other options exist,however, for these types of dwellings. If these structures represent a pre-fabricated home,the federal building code requirements for manufactured homes apply(as stated in Minnesota Rules, Chapter 1360). If these structures are modular homes, on the other hand,they must be constructed consistent with the State Building Code (as stated in Minnesota Rules, Chapter 1361). What health, safety and welfare requirements does this new law include? Aside from the construction requirements of the unit,the temporary family health care dwelling must be located in an area on the property where"septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner." What local ordinances and zoning apply to a temporary health care dwelling? The new law states that ordinances related to accessory uses and recreational vehicle storage and parking do not apply to these temporary family health care dwellings. 9 The Legislature did not provide guidance on what represents"other comparable means". 1°ANSI Code 119.2 has been superseded by NFPA 1192. For more information,the American National Standards Institute website is located at https://www.ansi.org/. New Minn.Stat. §462.3593,subd.2 sets forth all the structure criteria. Temporary Family HealthCare Dwellings June 27,2016 Page 6 However,unless otherwise provided, setbacks and other local ordinances, charter provisions, and applicable state laws still apply. Because conflicts may arise between the statute and one or more of the city's other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process. The permit approval process found in Minn. Stat. § 15.99 generally applies; however,the new law shortens the time frame within which the local governmental unit can make a decision on the permit. Due to the time sensitive nature of issuing a temporary dwelling permit,the city does not have to hold a public hearing on the application and has only 15 days (rather than 60 days)to either issue or deny a permit. For those councils that regularly meet only once a month,the law provides for a 30-day decision. The law specifically prohibits cities from extending the time for making a decision on the permit application. The new law allows the clock to restart if a city deems an application incomplete,but the city must provide the applicant written notice within five business days of receipt of the application identifying the missing information. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee. The law sets the fee at$100 for the initial permit with a$50 renewal fee,unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes,but only if the permit holder violates the requirements of the law. The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The permit holder then has sixty(60)days from the date of revocation to remove the temporary family health care dwelling. The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data, the city could, for example,request that the required certification of need simply state"that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living",without including in that certification data or information about the specific reasons for the assistance,the types of assistance,the medical conditions or the treatment plans of the person with the mental illness or physical disability. Because of the complexities surrounding nonpublic data,cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes.As with any new law,to determine the potential impact on cities,the League recommends consulting with your city attorney. Temporary Family HealthCare Dwellings June 27,2016 Page 7 Where can cities get additional information or ask other questions. For more information, contact Staff Attorney Pamela Whitmore at pwhitmore(a),lmc.org or LMC General Counsel Tom Grundhoefer at t2rundho@1mc.org. If you prefer calling,you can reach Pamela at 651.281.1224 or Tom at 651.281.1266. Attachment 4 Action taken by Chanhassen's KFS Cities on the "Drop Home" Bill City Action Taken Chaska Opt Out Cottage Grove Opt Out Elk River Opt Out* Inver Grove Heights Opt Out Lino Lakes Opt Out Prior Lake Opt Out Rosemount Opt Out Savage Opt Out Shakopee Opt Out Stillwater Opt Out , *Enacted their own ordinance allowing accessory dwelling units, but will opt out of the state law. Ea) a•• N $ ti o cy$ b "b o c 'b 3 0 3 a .b `" o O 4. o >- o a y o O o o ,:� E > cs ,.� ..y by'C O Y �" 0 U x a D °� a o p'a e >, OD a) 'S ons' U _° C 0 .0 C 0 cd Y � o •u •C O o e E ¢ 4) a ,.0 0 'o •p y 3 C7 C o 0 • O h O Q') yca . W ,O a ^ Oan V >> . 'O N 0 'is.. V d ¢ d d ti. E P. W a) ❑❑ 2.. ',0 `n 3O �O .5‘ aO g( a) CO O ) 4. 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