ZTA21-01 Final Citizen Participation Report

City of Glendale — Regular Meeting (2021-04-13)

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Citizen Participation
Final Report

Zoning Text Amendment
Section 7.502, Group Homes
ZTA21-01

City-Wide

Dated, March 5, 2021

City of Glendale ¢ 5850 West Glendale Avenue, Suite 212, Glendale, Arizona 85301-2599 @ (623) 930-2800

Description of the proposed Text Amendment:

A Zoning Text Amendment to amend the zoning ordinance to amend the regulations regarding
Group Homes to satisfy a complaint the City received from HUD and improve customer service.

The draft verbiage for the proposed text amendment reads as follow:

That the Zoning Ordinance of the City of Glendale, Arizona, Article 7, Section 7.502 is
hereby amended to read as follows:

7.502 - Group Homes.

A RESIDENTIAL HOME OR BUILDING(S) FOR 6 OR MORE UNRELATED
INDIVIDUALS PROVIDING LIVING FACILITIES AND SLEEPING ROOMS AND
WHICH ALSO PROVIDES LIMITED SERVICES, SUCH AS, BUT NOT LIMITED TO
MEALS, SERVICES TO PROMOTE EMOTIONAL SUPPORT, LIFE SKILLS
DEVELOPMENT AND /OR EMPLOYMENT TRAINING. AdultCare Homes_duvenile

("Group

Homes") shall be permitted, provided that:

A. No Group Home is located on a lot within one thousand three hundred twenty
(1,320) feet, measured by a straight line in any direction, from the lot line of another
Group Home, unless a disability accommodation is authorized under this section:

1. Disability Accommodation

a. A disability accommodation from a development standard or separation
requirement shall not be authorized unless the Board of Adjustment shall find upon
sufficient evidence all of the following:

i. The requested accommodation is requested by or on the behalf of one (1) or
more individuals with a disability protected under federal and Arizona fair housing laws
(42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.);

ii. The requested accommodation is necessary to afford an individual with a
disability equal opportunity to use and enjoy a dwelling;

ili. The standard or requirement unduly restricts the opportunity for a person witha
disability from finding adequate housing within the City of Glendale;

iv. The requested accommodation does not fundamentally alter the nature and
purpose of the Zoning Ordinance of the City of Glendale;

Vv. The requested accommodation will not impose an undue financial or
administrative burden on the City, as "undue financial or administrative burden" is
defined in federal and OR Arizona fair housing laws (42 U.S.C. § 3600 et seq. and
A.R.S. § 41-1491 et seq.) and interpretive case law:

b. The profitability or financial hardship of the owner/service provider of a facility
shall not be considered in determining whether to grant a disability accommodation.

c. The requested accommodation must comply with all applicable building and fire
codes.

City of Glendale ¢ 5850 West Glendale Avenue, Suite 212, Glendale, Arizona 85301-2599 e (623) 930-2800

d. The requested accommodation must not, under the specific facts of the
application, result in a direct threat to the health or safety of other individuals or
substantial physical damage to the property of others.

requirements: THE REQUESTED ACCOMMODATION SHALL BE MADE IN ANY
FORM. HOWEVER, UPON RECEIPT, THE CITY MAY REQUIRE THE REQUESTOR
TO COMPLY WITH THE PROCEDURES ORDINARILY FOLLOWED, INCLUDING
THE SUBMITTAL OF AN APPLICATION, INCLUDING THE REQUIRED FEE, AS
PUBLISHED IN THE FEE SCHEDULE, AND COMPLY WITH ALL PUBLIC
NOTIFICATION REQUIREMENTS.

B. Where legally required, the Group Home is licensed by, certified by, approved by,
registered with, or under contract with a Federal, State, or local government and
evidence of such is provided to the Planning Department within sixty (60) days of
approval of the Planning Department;

C. No exterior change which would alter its residential character shall be made to
the exterior of the building(s) and the grounds;

D. The location of the Group Home has been approved by the Planning
Department; and

E. An administrative record of each Group Home shall be maintained with the
Planning Department.

Public Notification Technique:

The City of Glendale has determined that a virtual meeting to discuss the Zoning Text
Amendment for the subject amendment is the most appropriate public notification technique for
this project. Staff planned a zoom meeting to discuss the Zoning Text Amendment on March 1,
2021, at 6:00 PM. Interested Parties had until March 4, 2021, to provide feedback.

On February 19, 2021, staff mailed notification letters advising a forthcoming zoom meeting to
the district interested parties list and the city-wide interested parties list on February 19, 2021.
The letter provided a draft description of the Zoning Text Amendment and provided options to
interact with staff with questions or comments on the proposed text amendment (a copy of the
notification letter is attached as Exhibit A). Also, citizens can review the proposed text
amendment language on the City's Planning Division webpage.

Planning Division has a list of all persons notified via the district interested parties list and the

city-wide interested parties list. Planning Division did not identify any other persons or agencies
requiring notification.

A schedule with estimated dates for completion of your Citizen
Participation Process:

2/19/2021 — Citizen Participation Plan

City of Glendale e 5850 West Glendale Avenue, Suite 212, Glendale, Arizona 85301-2599 e (623) 930-2800

3/01/2021 — Virtual Zoom Meeting.

3/4/2021 — Deadline to receive comments.
3/5/2021 — Citizen Participation Final Report.
3/18/2021 — Planning Commission Public Hearing
4/13/2021 — City Council Public Hearing

All legal requirement for a public hearing(s) will be adhered too.

Public Response from the Notification Letter via the virtual
zoom meeting or direct contact to staff:

The zoom meeting started at 6:00; there was zero participation in the zoom meeting.
Additionally, there were no questions or comments received regarding the proposed zoning text
amendment.

Summary of Citizen Participation Process:

The staff made every reasonable effort to be transparent. Staff met the Citizen Participation
Process's intent by ensuring opportunities for the City of Glendale citizens to obtain additional
information, have questions answered, and provide feedback to staff on the proposed Zoning
Text Amendment.

The Zoning Text Amendment application is necessary to provide transparency, a broader
definition for Group Homes, and flexibility in the application process.

City of Glendale ¢ 5850 West Glendale Avenue, Suite 212, Glendale, Arizona 85301-2599 @ (623) 930-2800

Exhibit A

February 19, 2021
RE: Proposed Zoning Text Amendment
Dear Interested Party:

The City of Glendale is processing a Zoning Text Amendment (ZTA21-01) to amend
Group Homes, Section 7.502, of the City’s Zoning Ordinance.

The Zoning Text Amendment, if approved, would:

° Provide a definition for Group Homes
° Amend language for Disability Accommodation

The draft verbiage for the proposed text amendment reads as follow:

7.502 - Group Homes.
A RESIDENTIAL HOME OR BUILDING(S) FOR 6 OR MORE UNRELATED
INDIVIDUALS PROVIDING LIVING FACILITIES AND SLEEPING ROOMS AND
WHICH ALSO PROVIDES LIMITED SERVICES, SUCH AS, BUT NOT LIMITED TO
MEALS, SERVICES TO PROMOTE EMOTIONAL SUPPORT, LIFE SKILLS
DEVELOPMENT AND /OR EMPLOYMENT TRAINING.

Homes") shall be permitted, provided that:
A. No Group Home is located on a lot within one thousand three hundred twenty

(1,320) feet, measured by a straight line in any direction, from the lot line of another
Group Home, unless a disability accommodation is authorized under this section:

1. Disability Accommodation

a. A disability accommodation from a development standard or separation
requirement shall not be authorized unless the Board of Adjustment shall find upon
sufficient evidence all of the following:

ii. The requested accommodation is necessary to afford an individual with a
disability equal opportunity to use and enjoy a dwelling;

City of Glendale
Planning © 5850 West Glendale Avenue, Suite 212 © Glendale, AZ 85301-2599 e© Phone (623) 930-2800
www.glendaleaz.com

February 19, 2021
Perry
Page 2

iii. The standard or requirement unduly restricts the opportunity for a person with a
disability from finding adequate housing within the City of Glendale;

iv. The requested accommodation does not fundamentally alter the nature and
purpose of the Zoning Ordinance of the City of Glendale;

v. The requested accommodation will not impose an undue financial or
administrative burden on the City, as "undue financial or administrative burden" is
defined in federal and OR Arizona fair housing laws (42 U.S.C. § 3600 et seq. and
A.R.S. § 41-1491 et seq.) and interpretive case law;

b. The profitability or financial hardship of the owner/service provider of a facility
shall not be considered in determining whether to grant a disability accommodation.

Cc. The requested accommodation must comply with all applicable building and fire
codes.

d. The requested accommodation must net, under the specific facts of the
application, result in a direct threat to the health or safety of other individuals or
substantial physical damage to the property of others.

e. norecvested sss edations oy submittalofan-a

requirements. THE REQUESTED ACCOMMODATION SHALL BE MADE IN ANY
FORM. HOWEVER, UPON RECEIPT, THE CITY MAY REQUIRE THE REQUESTOR
TO COMPLY WITH THE PROCEDURES ORDINARILY FOLLOWED, INCLUDING
THE SUBMITTAL OF AN APPLICATION, INCLUDING THE REQUIRED FEE, AS
PUBLISHED IN THE FEE SCHEDULE, AND COMPLY WITH ALL PUBLIC
NOTIFICATION REQUIREMENTS.

Cc. No exterior change which would alter its residential character shall be made to
the exterior of the building(s) and the grounds;

D. The location of the Group Home has been approved by the Planning
Department; and

E. An administrative record of each Group Home shall be maintained with the
Planning Department.

A Virtual Neighborhood Meeting io discuss the Zoning Text Amendment for Group
Homes is scheduled for Monday, March 1, 2021, at 6:00 PM. If you are interested in
participating in the virtual neighborhood meeting, the please use the following virtual
meeting information:

Join Zoom Meeting
https://usO2web.zoom.us/j/822743885 1 1?pwd=OUxTZU8rVnorY¥mFJQ3BSVmxiazBCdz
09

Meeting ID: 822 7438 8511

City of Glendale
Planning © 5850 West Glendale Avenue, Suite 212 © Glendale, AZ 85301-2599 © Phone (623) 930-2800
www.glendaleaz.com

February 19, 2021
Perry
Page 3

Passcode: 85301

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Find your local number: https://usO2web.zoom.us/u/kb5uVOh91e

If you are unable to attend the virtual meeting, please email me at
tperry@glendaleaz.com or call (623) 930-2596 if you have questions or comments.

If possible, all questions and comments need to be received by March 4, 2021. This
deadline will allow adequate time to review and consider all information provided for

forthcoming public hearing dates.
Tabitha Perry

Executive Officer, Special Project
Development Service Department-Planning Division

Sincerely,
Zé

City of Glendale
Planning « 5850 West Glendale Avenue, Suite 212 e Glendale, AZ 85301-2599 e Phone (623) 930-2800
www.glendaleaz.com