Title
AN ORDINANCE AMENDING CHAPTER 1206 OF THE LAND DEVELOPMENT CODE RELEVANT TO REMOVE ASSISTED LIVING, CONTINUING CARE RETIREMENT COMMUNITIES, AND INSTITUTIONAL RESIDENTIAL FROM ALLOWED USES WITHIN THE COMMERCIAL-FOCUSED DISTRICTS.
Brief Description: Proposed amendment to the Land Development Code to remove Assisted Living, Continuing Care Retirement Communities, and Institutional Residential from allowed uses within the commercial focused districts.
Body
Legislative History
None
Purpose & Explanation
Please see attached memorandum
Proposed amendment to the Land Development Code to remove Assisted Living, Continuing Care Retirement Communities, and Institutional Residential from allowed uses within the commercial focused districts. Removing these use categories from commercial/industrial districts would preserve these areas for businesses development. Additionally, focusing these uses within District 3 would be more central to the community and closer to emergency services.
Planning Commission conducted a public hearing and competed recommendation on October 13, 2025 with the applicable uses limited to District 2 and District 3 with the additional requirements that all such uses be within a one mile radius of the EMS center (map attached). Note: only a small portion of D2 would be located within the one mile radius.
January 2026 Update: At Council request, a workshop discussion has been scheduled for January 27, 2026 to discuss the proposed amendments and how they relate to the EMS Service needs. Staff anticipates both Fire and CD representatives will be present. Fire Chief noted the proposed LDC amendment is beneficial to the providing proper EMS services in the future; however, EMS services to care facilities and aging populations is a nationwide concern that involves more that goes beyond and is largely sperate from zoning regulations.
Senior focuses facilities impact on income taxes: The proposed amendments would remove such facilities from our primary income tax generating D6 and D8 zoning districts. Staff reviewed income tax collection with ED Manager Katie Behnke and Asst City Manager Jeff Knoblaugh. None of the current facilities are within our top tier income tax generators and generally perform well below comparable levels of commercial/industrial development. From the income tax perspective, these retirement centers do not behave like a commercial enterprise and are more like a residential use.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
Other [provide explanation]
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
Appropriation Not Required
Does this legislation require use of an emergency clause?
Yes [if so, explain why]
X No
Recommendation
Suggested Action
Staff recommends City Council reviews the recommendation of the Planning Commission, conducts a public hearing and takes action on the ordinance.
Submitted by,
Thomas J. Sheridan, City Manager
Brian Griffith, Asst City Manager
Greg Hannan, Community Development Director