THE CITY COUNCIL OF THE CITY OF HOWARD LAKE ORDAINS:
Section 1. Legal Description. The legal description of the property included in the PUD District shall be as follows:
Outlot A, Terning Trails Plat 2
Section 2. PUD District. The property is currently zoned PUD, Planned Unit Development with uses allowed and general standards and regulations found the R-6 District in effect.
Section 3. District Amendment. The PUD District is hereby amended to allow for the use of “Senior Apartments/Assisted Living Facility” on Lot 1, Block 1 as depicted on the Howard Lake Assisted Living Campus Preliminary Plat/Preliminary Plan PUD. This use shall conform to the standards found in the R-7, High Density Residential District.
Section 4. Use Restrictions. All housing constructed on the parcel identified in Section 3 above shall be a seniors-only development, and shall comply with the following restrictions:
i. At least one resident in each unit must be age 55 or older, or must have a bona fide medical condition (confirmed by a physician) that requires long-term assistance of the type offered to the facilities senior residents. No residents under the age of eighteen are permitted, regardless of medical conditions.
ii. No more than one unit within the housing structure may be occupied by an employee of the facility, or its family members, who are under the age of 55. Any resident employee under the age of 55 must perform substantial duties directly related to the facility management or maintenance in order to be eligible to live on site.
iii. The facility must publish and adhere to policies and procedures that demonstrate an intent to maintain a seniors-only development. Such an intent shall be evidenced by procedures, approved by the City, related to the following areas:
• The manner in which the development is described to prospective residents.
• The nature of any advertising designed to attract prospective residents.
• Age verification procedures.
• Lease provisions.
• Written rules and regulations.
• Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations.
iv. The Developer must comply with rules issued by the Secretary of Housing and Urban Development for verification of age of occupants. Such verification shall be made by reliable surveys and affidavits.
v. The development must provide a program plan and outreach for significant services specifically designed to meet the physical or social needs of older persons. Services may include, but are not limited to:
• social and recreational programs
• continuing education
• information and counseling
• recreational, homemaker, outside maintenance and referral services
• emergency and preventative health care programs
• congregate dining facilities
• transportation to facilitate access to social services, and
• services designed to encourage and assist residents to use the services and facilities available to them
The facility shall submit an updated program plan to the City upon request demonstrating the significant services being offered to meet the physical or social needs residents and to comply with this paragraph.
vi. No person under age 18 may stay overnight with a person over the age of 55 who resides in the facility.
vii. No person may house one or more people under the age of 18 during the day in any residential unit in the facility in a regular day care arrangement.
Section 5. All uses/standards on all future parcels within Outlot A, Terning Trails Plat 2 except the parcel identified in Section 3 of this Ordinance shall defer to the uses and standards of the R-6 Zoning District in the Howard Lake Zoning Ordinance.
Section 6. This Ordinance shall be effective upon recording of the Final Plat creating the parcel identified in Section 3 of this Ordinance.
ADOPTED by the Howard Lake City Council this 1st day of May, 2012.
CITY OF HOWARD LAKE
BY: /s/ Richard Lammers, Mayor
BY: /s/ Gene Gilbert, City Clerk
Published in the Herald Journal May 7, 2012.