City of Oak Creek

Common Council Report

Meeting Date:  September 5, 2006

Item No.:6    

Recommendation: That the Council adopt Ordinance 2425, which would amend Chapter 17.0313 and 17.0314 of the Municipal Code to allow State certified adult day care facilities as a conditional use in the B-2, B-3 and B-4 zoning districts.

Background:   The owners of a multi-tenant building property at 6416 S. Howell Avenue are requesting an amendment to the City of Oak Creek zoning ordinance that would permit adult day care facilities in the B-2, Community Business district. This would also permit them in the B-4, Highway Business District as all permitted uses allowed in the B-2 district are allowed in the B-4.  Though not being requested by the applicants, staff would also like this extended to allow for these facilities in the B-3, Office and Professional Business District. 

The State of Wisconsin defines adult day care facilities as a facility that provides services for a part of a day in a group setting to adults who need assistance with activities of daily living, supervision, and/or protection.  The State of Wisconsin does not require a license for adult day care facilities but they must be certified by the Department of Health and Family Services if the center serves one or more participants who receive Medicaid waivers funding from a county.   The zoning ordinance as currently written does not list adult day care facilities as a permitted or conditional use in any of the districts.  

The Plan Commission, in their review of this request,had concerns about regulation of these types of businesses. The State Department of Health and Family Services does not require certification unless center serves one or more participants who receive Medicaid waivers funding from a county. 

The City of Milwaukee allows for Adult Day Care centers in several of its zoning districts, typically these districts also allow for Child Day Care Facilities.  The only requirement that they have is that when the business applies for an occupancy permit they must show proof of application for certification to the State of Wisconsin Department of Health and Family Services.  This policy appears to be a reasonable way to ensure that legitimate Adult Day Care facilities are coming into the City so staff has amended the original recommendation from the June 27th meeting and is now recommending that only State of Wisconsin Certified Adult Day Care facilities are permitted. 

If approved, the proposed ordinance change would allow for State of Wisconsin certified adult day care facilities as a conditional use in the B-2, Community Business District and the B-3, Office and Professional Business District.  No occupancy would be granted for these facilities unless they show proof they have applied for State Certification.   The City Attorney has indicated that beyond what the State requires, there are no other legal issues with these types of businesses.

Fiscal Impact:  The inclusion of adult day care as a conditional use in the B-2, B-3 and B-4 zoning districts encourages business development within the City, which has a positive fiscal impact.

Prepared by: Doug Seymour, AICP Director of Community Development

Respectfully submitted, Patrick DeGrave City Administrator

Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk