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DRAFT UDC REVIEW
CITY COUNCIL WORKSHOP
SEPTEMBER 12, 2023
GROUP HOMES
Consideration for a Consensus
1.
Consensus for staff to procced with the adoption process for the draft UDC with
the group home language as proposed; or
2.
Consensus for staff to procced with the adoption process for the draft UDC with
the group home language as proposed, and if requested by council, direction to
discuss group home notification requirement as a text amendment at a future
workshop; or
3.
Consensus for staff to incorporate a notification distance radius of XXX feet from
a group home to surrounding property owners as part of the forthcoming draft
UDC adoption process.
Community Care Residential – Types/Definitions
Single Family
Residence
- by right -
(≤ 5*)
* Special consideration will be placed in Group Home section and removed from standard definition. Homes of six
(6) or fewer persons who require special care for physical, mental, or developmental disabilities. The limitation of
six (6) or fewer persons does not include the operator or members of the operator's family or staff. (ARS 36-582)
Family: (1) An individual or any number of persons related by blood, marriage, domestic partnership, adoption or
guardianship, and usual domestic help, living together as a single housekeeping unit in a dwelling unit, or (2) A
group of not more than five (5) persons, who need not be related, living together as a single housekeeping unit in a
dwelling unit.
- OR -
Residential Care
Home
(6-10)
Disability Protected
A residential home suitable for accommodating six (6) to ten (10) adults or minor children
with disabilities or who are minors without disabilities. This definition shall include those
residences that are licensed by the State of Arizona, including but not limited to assisted
living homes, child care homes, and sober living homes or awarded an Oxford House
Charter, but shall not include any group living arrangement for unrelated individuals who
are not disabled, including but not limited to halfway/correctional/sex offender
transitional facilities or shelter care facilities for people at risk. (ARS 36-582 and 36-401)
Group Care
Facility
(≥ 2)
Not Protected
A residential home for two or more unrelated individuals under supervised care and/or treatment (including but not
limited to those that have been adjudicated (i.e. placed by court-order)), beyond that which would be provided in
the confines of a traditional residential setting, who do not qualify as a Residential Care Home or Residential Care
Center, in which living facilities and sleeping rooms are provided; and which may provide select services, such as,
but not limited to, meals, services to promote emotional support, life skills development and/or employment
training. This shall include halfway/correctional/sex offender transitional facilities or shelter care facilities for people
at risk.
Residential
Care
Center
(≥ 11)
Disability
Protected
Community Care Residential – Types/Definitions
Single Family
Residence
- by right -
(≤ 5*)
* Special consideration will be placed in Group Home section and removed from standard definition. Homes of six
(6) or fewer persons who require special care for physical, mental, or developmental disabilities. The limitation of
six (6) or fewer persons does not include the operator or members of the operator's family or staff. (ARS 36-582)
Family: (1) An individual or any number of persons related by blood, marriage, domestic partnership, adoption or
guardianship, and usual domestic help, living together as a single housekeeping unit in a dwelling unit, or (2) A
group of not more than five (5) persons, who need not be related, living together as a single housekeeping unit in a
dwelling unit.
- OR -
Residential Care
Home
(6-10)
Disability Protected
A residential home suitable for accommodating six (6) to ten (10) adults or minor children
with disabilities or who are minors without disabilities. This definition shall include those
residences that are licensed by the State of Arizona, including but not limited to assisted
living homes, child care homes, and sober living homes or awarded an Oxford House
Charter, but shall not include any group living arrangement for unrelated individuals who
are not disabled, including but not limited to halfway/correctional/sex offender
transitional facilities or shelter care facilities for people at risk. (ARS 36-582 and 36-401)
Group Care
Facility
(≥ 2)
Not Protected
A residential home for two or more unrelated individuals under supervised care and/or treatment (including but not
limited to those that have been adjudicated (i.e. placed by court-order)), beyond that which would be provided in
the confines of a traditional residential setting, who do not qualify as a Residential Care Home or Residential Care
Center, in which living facilities and sleeping rooms are provided; and which may provide select services, such as,
but not limited to, meals, services to promote emotional support, life skills development and/or employment
training. This shall include halfway/correctional/sex offender transitional facilities or shelter care facilities for people
at risk.
Residential
Care
Center
(≥ 11)
Disability
Protected
Community Care Residential – Requirements & Regulations
Shall be permitted subject to standard
conditions in the SR, R1, R-2, R-O and MH
zoning districts subject to issuance of a Bus.
Lic. by the zoning administrator showing
compliance with the requirements of this
subsection.
shall be permitted subject to standard
conditions in the R-3, R-4, R-5, C-1 and C-2
zoning districts subject to issuance of a Bus.
Lic. by the zoning administrator showing
compliance with the requirements of this
subsection.
may be permitted in the R-3, R-4, R-5 and C-3
zoning districts subject to obtaining a
Conditional Use Permit and showing
compliance with the requirements of this
subsection
•
All establishments must obtain a business licenses as well as a certificate
of occupancy as required by City building codes.
•
If State licensing is required, proof of such licensure shall be provided to
the Planning Division within the Development Services Department.
•
No such home or center shall be located on a lot with a property line
within 1,200 feet of another such residential care home, residential care
center or group care facility. (ARS 36-582)
•
The establishment must meet the minimum off-street parking
requirements as set forth in Section (X).
•
An individual required to register as a sex offender and classified as a
Level II or Level III community risk (intermediate to high risk) is not
permitted to live in a residential care home or residential care center.
•
An administrative record of each Residential Care Home, Residential Care
Center or Group Care Facility shall be maintained with the Planning
Division within the Development Services Department.
•
The City reserves the right to revoke authorization to operate.
•
Public notification – Policy Direction
•
ARS 36-2066 Posting: confidential information
The department shall post on its public website the name and telephone
number of each certified and licensed sober living home and shall update
the list quarterly. The department may not disclose the address of a
certified or licensed sober living home except to a local jurisdiction for
zoning purposes, local law enforcement and emergency personnel. A
sober living home's address is not a public record.
Residential Care
Home
(6-10)
Disability Protected
Group Care
Facility
(≥ 2)
Not Protected
Residential
Care
Center
(≥ 11)
Disability
Protected
Standard Conditions
Consideration for a Consensus
1.
Consensus for staff to procced with the adoption process for the draft UDC with
the group home language as proposed; or
2.
Consensus for staff to procced with the adoption process for the draft UDC with
the group home language as proposed, and if requested by council, direction to
discuss group home notification requirement as a text amendment at a future
workshop; or
3.
Consensus for staff to incorporate a notification distance radius of XXX feet from
a group home to surrounding property owners as part of the forthcoming draft
UDC adoption process.
RECREATIONAL
MARIJUANA
Consideration for a Consensus
1.
Consensus for staff to procced with the adoption process for the draft UDC with
the Recreational Marijuana language as proposed, with NO distance separation
requirement from commercial child care centers; or
2.
Consensus for staff to incorporate a distance separation requirement of XXX from
a marijuana establishment/dispensary to a commercial child care center and visa
versa as part of the forthcoming draft UDC adoption process; or
3.
Consensus for staff to procced with the adoption process for the draft UDC with
the recreational marijuana language as proposed, and directing staff to present at
a future City Council Workshop for direction and possible future text amendment
on a distance requirement from a commercial child care center.
Reminder -Recreational (Adult Use)
Marijuana Establishments
Existing Medical Marijuana
Regulations & Conditions
–
Medical Marijuana Dispensary
Offsite Cultivation Location:
permitted in M-1 and M-2
–
Medical Marijuana Dispensary:
permitted in G-O, C-2, and C-3
–
Medical Marijuana Infusion (or
Manufacturing Facility): permitted in
M-1 and M-2
–
Applies specific separation
requirements from land use types
(1,320’) and other marijuana
facilities (5,280’)
–
Currently, 7 uses in Glendale (6
dispensaries, 1 cultivation facility)
UDC Marijuana Licensing
Regulations & Conditions
Reminder of regulation for single and dual
licensee’s
–
UDC revisions propose to allow Dual
licensee (i.e. medical marijuana
dispensary and marijuana establishment)
OR
Stand-alone medical marijuana
dispensaries and marijuana
establishments
–
Based on appropriate zoning and required
distance separation from residentially
zoned properties, schools, and other
existing medical or recreational marijuana
facilities, Glendale could potentially permit
up to 5 additional establishments (subject
to the release of additional state licenses
and licensee’s locating in Glendale).
Recreational (Adult Use) Marijuana
Establishments
Consideration - Marijuana Licensing
Regulations & Conditions
Seeking consensus on child care centers* being
included as part of, or along with, schools within the
distance separation requirements.
–
Based on appropriate zoning and required distance
separation from residentially zoned properties,
schools, child care center, and other existing medical
or recreational marijuana facilities, Glendale could
potentially permit up to 1 additional establishment
(subject to the release of additional state licenses and
licensee’s locating in Glendale).
–
Definition - Child Care Center: Any facility licensed by
the Arizona State Department of Health Services in
which care and supervision for five or more persons is
regularly provided for compensation for periods of
less than 24 hours per day. This classification
includes nursery schools, preschools, day care for
children or adults, and any other non-residential day
care facility licensed by the State of Arizona.
Potential considerations
–
Exclude child care centers from
distance requirement.
–
Include child care centers and
maintain current 1,320’ distance
requirement.
–
Include child care centers and
require a reduced distance
requirement specific to such
facilities.
–
Include child care centers and
require specific distance
requirements for select
marijuana facility types (i.e.
dispensary, cultivation, etc.)
–
Future text amendment
Recreational (Adult Use) Marijuana
Establishments
Research on other cities separation distance requirement
from child care centers
•
City of Phoenix-marijuana dispensaries must maintain a minimum
distance of 1,320 feet of a preschool, kindergarten, elementary,
secondary or high school, public park, public community center,
dependent care facility, homeless shelter, or youth community
center.
•
City of Peoria-marijuana dispensaries cannot be less than 1,000
feet of the property line of Day-Care Facilities, Pre-Schools,
Public/Charter or Private Schools.
•
City of Surprise-marijuana facilities cannot be less than 1,500 feet
from any public or private day care, preschool, or kindergarten
facility
•
City of Avondale-marijuana facilities cannot be less than 2,000 feet
from a childcare center or registered residential childcare facility.
Consideration for a Consensus
1.
Consensus for staff to procced with the adoption process for the draft UDC with
the Recreational Marijuana language as proposed, with NO distance separation
requirement from commercial child care centers;
2.
Consensus for staff to incorporate a distance separation requirement of XXX from
a marijuana establishment/dispensary to a commercial child care center and visa
versa as part of the forthcoming draft UDC adoption process; or
3.
Consensus for staff to procced with the adoption process for the draft UDC with
the recreational marijuana language as proposed, and directing staff to present at
a future City Council Workshop for direction and possible future text amendment
on a distance requirement from a commercial child care center.
NEXT STEPS
Next Steps
Adoption Process
• October: Public Hearing with Commission, Recommendation
• November: Public Hearing with Council, Adoption
THANK YOU
Federal Fair Housing Act
The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, prohibits discriminatory practices in housing based on race, color, sex,
religion, national origin or familial status. The Fair Housing Amendments Act (FHAA) was adopted by Congress in 1988 to extend
protections to persons with disabilities (this includes persons who suffer from substance abuse).
The Fair Housing Act makes it unlawful to refuse to make “reasonable accommodations” to rules, policies, practices, or services,
when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling. A
“reasonable accommodation” is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a
person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces.
Glendale Zoning Code – 7.502 Group Homes
Community Care Residential – Federal & State Law
A residential home or building(s) for six (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. ("Group Homes") shall be permitted, provided that:
A.
No Group Home is located on a lot within 1,320 feet, from the lot line of another Group Home, unless a disability
accommodation is authorized under this section;
B.
Where legally required, the Group Home is licensed….within sixty (60) days of approval
C.
No exterior change which would alter its residential character shall be made
D.
The location of the Group Home has been approved by the Planning Department;
E.
An administrative record of each Group Home shall be maintained
ARS 36-582. Residential facilities; zoning; notice; appeal
A. Unrelated persons living together notwithstanding, a residential facility which serves six or fewer persons shall be
considered a residential use of property for the purposes of all local zoning ordinances if such facility provides care on a
twenty-four hour per day basis. The residents and operators of such a facility shall be considered a family for the purposes
of any law or zoning ordinance which relates to the residential use of property. The limitation of six or fewer persons does
not include the operator of a residential facility, members of the operator's family or persons employed as staff, except
that the total number of all persons living at the residential facility shall not exceed eight.
D. The provisions of this section shall not be construed to forbid the application to a residential facility of any local
ordinance which deals with health and safety, building standards, environmental impact standards, or any other matter
within the jurisdiction of a local public entity provided that such ordinance does not distinguish residential facilities which
serve six or fewer persons from other single family dwellings and provided further that such ordinance does not distinguish
residents of such residential facilities from persons who reside in other single family dwellings.
H. No residential facility shall be established within a twelve-hundred-foot radius of an existing residential facility in a
residential area.
ARS 36-581. Definitions
In this article, unless the context otherwise requires:
1. " Developmental disability" means autism, cerebral palsy, epilepsy or cognitive disability.
2. " Residential facility" means a home in which persons with developmental disabilities live and that is licensed, operated,
supported or supervised by the department