Residential Care Facilities Amendment

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The city council is considering three different amendments to the city's licensed residential care facility ordinance that would impact facilities serving more than six residents.

By state law, licensed care facilities that serve more than six residents may be allowed. Minnetonka has allowed these larger facilities as conditionally-permitted uses since 1986. A conditional use is a use that is permitted so long as certain conditions, outlined in city code, are met. Special city zoning review and approval is required for facilities that serve more than six residents.

Facilities with six or fewer residents

By state law, licensed care facilities that serve six or fewer residents are permitted uses in all residential zoning districts. The city cannot prohibit such facilities or place restrictions on the facilities above or beyond the restrictions placed on any other single-family home in the community. No special city zoning review or approval is required for facilities that serve six or fewer residents.

Meetings

City Council

Meeting date: Oct. 4, 2021
Action: Review the ordinance options and adopt an ordinance.

Existing facilities in Minnetonka

Proposed amendment

The city council is considering three different amendments to the licensed residential care facility ordinance. These options apply only to facilities serving more than six residents.

Option 1: Conditional Use. Facilities serving seven to 10 residents would be allowed by conditional use permit. Some conditions would include:
- Allowed only on lots of one-acre or more in size.
- Allowed only on collector or arterial (larger) streets.
- Must be designed to minimize undue adverse impacts to neighboring properties.
Option 2: Interim Use. Facilities serving seven to 10 residents would be allowed by interim use permit. The conditions would generally be same as under Option 1, but the permit would expire with any change in the license holder or type of care facility on the site.
Option 3: Repeal from city code. All reference to facilities serving more than six residents would be removed from city code. Facilities currently operating with more than six residents would be allowed to continue operating as legal, non-conforming uses. Facilities servicing six or fewer residents would still be allowed under state law.

Residential Care Facility Ordinance Options Chart

	Option 1	Option 2	Option 3
Residents Allowed	7 to 10 residents	7 to 10 residents	No facilities over 6 residents allowed. By state law, licensed care facilities that serve six or fewer residents are permitted uses in all residential zoning districts. The city cannot prohibit such facilities or place restrictions on the facilities above or beyond the restrictions placed on any other single-family home in the community.
Permit	Conditional Use Permit	Interim Use Permit
Permit “Expiration”	If conditions of approval are not met.	With change of state license holder or change in type of facility.
Lot Size	Minimum 1-acre	Minimum 1-acre
Parking	Minimum 0.5 stalls per resident	Minimum 0.5 stalls per resident
Floor Area	Minimum 300 square feet per resident	Minimum 300 square feet per resident
Setback	Minimum 50 feet from all property lines.	Minimum 50 feet from all property lines.
Landscaping	Landscape buffering required.	Landscape buffering required.

Proposed Ordinance Language:

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