Minutes - Council Work Session - 05/22/2012

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specializing in renting to and providing services to people with disabilities is a business. He noted the primary use is still residential but disability accessory services are required, some being 24/7. Councilmember Elvig stated his concern is traffic generation and number of vehicles parked on the property. He noted daycare uses create intense traffic, some at high speeds, and idling traffic when dropping off and picking up children. Senior Planner Gladhill agreed those issues are concerns and if the uses fit the definition of home occupation and are not covered under the Statute or licensed by the State /County, the City will still want to address traffic impacts. He noted the City already has limits on things like the number of items stored outside on a residential lot. Senior Planner Gladhill explained a previous property maintenance code included the definition of "family" that resulted in a limitation on the number of unrelated persons living at a site. However, that provision was removed. Senior Planner Gladhill suggested reinserting that definition may be the best way to address the amount of traffic in a residential area. He noted if the City determines a use is not a home occupation, State Statute will go above what the City can enforce so staff could look at that option. Senior Planner Gladhill advised that staff feels, based on Statute and case law, the City is on solid ground to include that restriction. Mayor Ramsey noted State Statute takes away City authority to regulate some uses, such as licensed daycares. He indicated he had previously lived across the street from a group home with four residents that had 24 -hour care and never had an issue with that use. However, he could see that a drug treatment facility in a residential area could be an issue or if it involved a for -profit business. Senior Planner Gladhill concurred that was a main concern in addition to businesses buying foreclosed properties and renting them out. He indicated staff will need to conduct more research to assure staff is correctly interpreting State Statute. Councilmember Wise stated his issue has been the definition of "disability," which should not include a chosen habit. He stated he agrees with Mayor Ramsey that some pressure is needed with the Legislature to address the definition. Councilmember Strommen asked if the short-term recommendation is to reinsert the definition of "family" to address the scale of requests received. Senior Planner Gladhill indicated that is the first and foremost option. Another option is to match the County's license and/or be proactive and notify adjacent neighbors; however, either process will require staff resources to implement. Councilmember Tossey asked how adding the definition of "family" would improve the ability to control. Senior Planner Gladhill explained the definition of "family" would specify the number of unrelated persons. By doing that, it would limit the number of residents in a home if not related. City Council Work Session / May 22, 2012 Page 4 of 7