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5. Senior Living Issue Papera 141�w MEMORANDUM CITY OF TO: Planning Commission CUMEMSEN FROM: Ashley Mellgren, Planning Intern 7700 Market Boulevard DATE: PO Box 147 Chanhassen, MN 55317 SUBJ: Administration Phone: 952.227.1100 Fax: 952.227.1110 BACK( June 5, 2012 � ?, City Code Amendment Issue Paper — Senior Living Chapters 1 — 2, General Provisions Chapter 20, Zoning iROUND Building Inspections The City of Chanhassen has had discussions regarding two proposals for senior living Phone: 952.2271180 Fax: 952.22 establishments. The facilities contain separate bedrooms sharing common living Phone: 52.227.1125 9 F ax: one:52.27.110 spaces. The current standards outlined in the City Code allow for the senior living Engineering establishment to operate as a group home. Phone: 952.227.1160 however, the following may be a more suitable description of the living facilities Fax: 952.227.1170 A group home is defined in Chapter 1, Section 1 -2 as follows: inanc "Group home means a state - licensed residential facility where persons reside for a Phone: 7.1140 Fax: 952.227.1110 purpose of rehabilitation, treatment or special care. Such persons may be orphaned, suffer chemical or emotional impairment, or suffer social maladjustment or Park & Recreation dependency. " Phone: 952.227.1120 Fax: 952.227.1110 The Group Home definition as found in Section 1 -2 is not suitable to define the senior living establishment proposal since it does not adequately address the operations of Recreation Center such facilities. 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Further, Chapter 20, Section 20 -260 limits persons allowed to reside in group home by stating "The following applies to group homes for seven [7] to sixteen [16] Planning & people. " The proposed senior living establishments would be for more than sixteen Natural Resources [16] persons. Phone: 952.227.1130 Fax: 952.227.1110 Staff recommends a more suitable definition for the proposed senior living Public Works establishment. 7901 Park Place Phone: 952.227.1300 DISCUSSION Fax: 952.227.1310 Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Issue: In Section 1 -2 and Section 20 -260: Senior Center Phone: 52.227.1125 9 F ax: one:52.27.110 The proposed senior living establishment could operate as a group home and is allowed to operate with sixteen or fewer persons under Chanhassen City Code; Web Site however, the following may be a more suitable description of the living facilities www.ci.chanhassen.mn.us proposed for the City of Chanhassen: Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission Senior Living Issue Paper June 5, 2012 Page 2 • Continuing Care Retirement Facility means "a state - licensed facility where senior - citizen aged persons reside. Such persons may be furnished with board, lodging and nursing service, medical service, or other health related service. " As defined by the Minnesota State Statute 80D.02 subdivision 2 "continuing care is the furnishing to an individual, other than an individual related by blood or marriage to the person furnishing the care, of board, lodging, and nursing service, medical service or other health - related service, regardless of whether or not the lodging and service is provided at the same location, pursuant to a written agreement effective for the life of the individual or for a period of time in excess of one year, which is conditioned upon the payment of an entrance fee of $100 and the payment of regular periodic charges for the care provided." Staff recommends the term Continuing Care Retirement Facility as a more accurate description for the senior living establishment proposals. Senior Congregate Housing, means "a residential facility with communal dining and services, such as housekeeping, transportation services and other support services appropriate for the residents. " After review of other City Codes, staff determined Senior Congregate Housing to be categorized as a group home. Senior Congregate Housing may be a suitable description for the living establishments but notes that it is categorized as a group home. • Assisted Living Facility acility means "state- licensed facility where adult persons reside to receive assistance with daily activities are provided by staff." As defined by Minnesota State Statute 144G.01, subdivision 2 "assisted living means a service or package of services advertised, marketed or otherwise described, offered or promoted using the phrase "assisted living" either alone or in combination with other words and which is subject to requirements of this chapter." Assisted Living Facilities allow for higher densities than allowed in residential zones. Other cities have only allowed Assisted Living Facilities as a conditional use. The Assisted Living Facility designation will limit persons residing in the facility to a certain level of care. This level of care is between independent living and what is provided in skilled nursing facilities. Assisted Living Facility may be a suitable description for the senior living establishments. • Housing with Services Establishment for the Elderly means "Housing accommodations for one or more adult residents. Residents are offered or provided with one or more regularly scheduled health - related service. " Planning Commission Senior Living Issue Paper June 5, 2012 Page 3 As defined by Minnesota State Statute 144D.06, subdivision 4 "housing with services establishment means providing sleeping accommodations to one or more adult residents, at least 80% of which are 55 years or older, and offering or providing, for a fee, one or more regularly scheduled health - related services or two or more regularly scheduled supported services, whether offered or provided directly by the establishment or by another entity arranged by the establishment." Housing with Services Establishment for the Elderly will limit the establishment to seniors aged 55 and older and will eliminate opportunities for lodging for battered women, residential settings for developmental disabilities, and for residents that are related. Housing with Services Establishment for the Elderly may be a suitable description of the proposed senior establishment. • Intermediate Care Facility for the Elderly means "a residential facility which undertakes through its ownership or management the providing of twenty-four [241 hour personal services and health related care for its residents. Care provided is less intensive than care provided by a hospital or skilled nursing facility. " Staff finds further definition of "personal services" and "health -care related services is needed. "Personal services means in addition to housing and minimum of two [21 meals a day, assistance with activities of daily living, including bathing, dressing, eating, mobility and continence. " "Health care related services means limited medical supervision by licensed or qualified persons, to persons who require such assistance but who do not require the degree of care and treatment provided in hospitals or skilled nursing homes. " Intermediate Care Facilities for the Elderly may be a suitable description for the senior living establishment but notes the need the addition for personal care and health care related services definitions. • Long Term Care Facility for the Elderly means "a residential facility that provides healthcare under medical supervision for twenty-four [24] or more hours to two [2] or more persons aged fifty -five [55] and older. " Long Term Care Facilities describes group homes and skilled nursing facilities. Staff does not suggest Long Term Care Facilities for the Elderly as a suitable description for the proposals. Staff believes Long Term Care Facilities definition is broad and would allow for multiple uses. Planning Commission Senior Living Issue Paper June 5, 2012 Page 4 • Residential Health Care Facility means "A residential facility that provides on a twenty four [24] hour basis, rooms, meals, personal care and health monitoring services. " Residential Health Care Facility describes skilled nursing homes, assisted living facilities, continuing care facilities, hospice and group homes. Residential Health Care Facilities are limited to sixteen or fewer persons. Facilities with more than sixteen persons are allowed as a conditional use. Residential Health Care Facilities is not a suitable description for the senior living establishment proposals. Staff believes Residential Health Care Facility would allow for multiple uses. • Retirement Housing means "an age - restricted development, other than a skilled nursing home, offering independent or congregate living for persons. " After review of other City Codes, staff discovered Retirement Housing includes mobility and recreational space conditions. Retirement Housing also describes age restricted subdivisions, cottage developments, apartment buildings, mobile home parks or PUDs. Retirement Housing is not a suitable description for the senior living establishment proposals. Staff believes Retirement Housing is more suitable for a senior living development rather than a facility. DIRECTION Staff is requesting Planning Commission direction on the revision of the ordinance. Planning staff believes that Continuing Care Retirement Facility is the most suitable definition for the senior living establishment proposals set forth to the City of Chanhassen. Continuing Care Retirement Facility to mean "a state - licensed facility where senior- citizen aged persons reside. Such persons may be furnished with board, lodging and nursing service, medical service, or other health related service. " The R -8, Mixed Medium Density Residential District and R -12, High Density Residential Districts, R -16 and the IOP, Industrial Office Park District are the most suitable for the senior living establishment. Staff recommends that senior living establishment be a conditional use with the following criteria: 1. The facility must maintain state licensing. 2. The structure shall be in compliance with local building and fire codes. Planning Commission Senior Living Issue Paper June 5, 2012 Page 5 3. The site shall provide one -third parking space per dwelling, plus one parking space for every two employees on the largest single shift. 4. The site shall provide annual reports of occupancy, care issues, public safety visits. 5. Maximum gross density of 10 dwelling units per acre. 6. Facility shall be connected to centralized utility services. 7. Facility shall have access via collector or arterial roadways. 8. Facility shall provide outdoor seating and outdoor recreation facilities. g: \plan\am\senior living\senior living _issue paper.doc