06-21-2010 Planning Commission Packet

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To: Chair Kang and Planning Commissioners Jessica Loftus, City Administrator From: Mike Gaffron, Asst. City Administrator- Long Term Strategy Date: June 21, 2010 Subject: #10- 3473 City of Orono - Zoning Code Amendment: Add "Assisted living facilities" as a conditional use in the RPUD District SUPPLEMENTAL INFORMATION City Attorney Soren Mattick has reviewed the proposed language for the code amendment, and after some discussion with staff has recommended that definitions for the terms "Nursing Home" (which would be allowed in the RPUD District) and "Hospital" (which would not be allowed in the RPUD District) be added to the Definitions section of the Zoning Code (Section 78-1) referencing the definitions used in Minnesota Statutes. These two terms are currently not defined in the City Code. The proposed definitions to be added to Chapter 78 are as follows: "Hospital"means a licensed facility for the hospitalization or care of human beings within the meaning of Minnesota Statute Chapter 144.50, as may be amended. "Nursing Home" means a state licensed facility or that part of a facility which provides nursing care pursuant to Minnesota Statute Chapter 144A.01. The reason for including the above definitions is to clarify what is meant by the widely-used terms `nursing home' and `hospital', to assist in narrowing the definition of the uses intended to be allowed or not allowed under the "Assisted living facilities" conditional use. Note that MS 144.50 defines Hospital as follows: Subd. 2. Hospital, sanitarium, other institution; definition. Hospital, sanitarium or other institution for the hospitalization or care of human beings, within the meaning of sections 144.50 to 144.56 shall mean any institution, place, building, or agency, in which any accommodation is maintained, furnished, or offered for �ve or more persons for: the hospitalization of the sick or injured; the provision of care in a swing bed authorized under section 144.562; elective outpatient surgery for preexamined, prediagnosed low risk patients; emergency medical services offered 24 hours a day, seven days a week, in an ambulatory or outpatient setting in a facility not a part of a licensed hospital; or the institutional care of human beings. Nothing in sections 144.50 to 144.56 shall apply to a clinic, a physician's office or to hotels or other similar places that furnish only board and room, or either, to their guests. MS 144A.01 defines Nursing Home as follows: "Subd. 5. Nursing home. "Nursing home" means a facility or that part of a facility which provides nursing care to five or more persons. "Nursing home" does not include a facility or that part of a facility which is a hospital, a hospital with approved swing beds as de�ned in section 144.562, clinic, doctor's of�ce, diagnostic or treatment center, or a residential program licensed pursuant to sections 245A.01 to 245A.16 or 252.28.