TA2018002 BOS REPORT_PART1.PDF

Maricopa County — Formal (2020-12-09)

Extracted text (via pymupdf) 87842 characters

December 9, 2020
TA2018002
Page 1 of 7
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department

Board Hearing Date:
December 9, 2020 (Continued from October 21, 2020)

Case #/Title:

TA2018002 – Group Homes

Supervisor District:
All

Applicant:
Rod Jarvis of Earl & Curley

Requests:
Text Amendment to amend Chapter 2, Definitions; Section 501,
Article 501.2.4; and Section 601, Article 601.2.3 of the Maricopa
County Zoning Ordinance (MCZO) relating to Group Homes

Municipal Comments:
One comment from the City of El Mirage regarding the separation
requirement. (No new municipal or agency comment since the May
30, 2019 ZIPPOR meeting.)

Support/Opposition:
As of the March 12, 2020 Commission hearing there had been seven
letters of opposition/suggested changes to the proposed text. There
has been no new public comment since the May 30, 2019 ZIPPOR
meeting; except that subsequent to the Commission hearing a
comment of concern was provided by the New River Desert Hills
Community Association, attached.

Other:
TA2018002 was continued from April, May, June and October 2020
Board hearings. There is no new information since the October
continuance.

At the March 12, 2020 Commission hearing the Applicant proposed
revised language to Art. 501.2.4.a to remove the phrase “BY A UTILITY
RIGHT-OF-WAY OF AT LEASE 300 FEET, OR” and replace it with
language to read, “NOT WITHSTANDING THE FOREGOING, NO
DISPERSAL/SEPARATION SHALL BE REQUIRED WHERE A GROUP HOME
IS SEPARATED FROM ANOTHER GROUP HOME BY A FREEWAY OR
CANAL.” Staff notes this proposed revision only addresses the Rural
zoning districts and does not address the Residential zoning districts.
However, this revised language was presented verbally and not
provided in writing; therefore, staff requested the Applicant provide
a written document showing the final version of the proposed text
amendment
in
legislative
edit.
Applicant
provided
written
document on March 20th. Subsequently on April 6th the Applicant
provided a Final Revision draft. See both versions, attached. It is the
Applicant’s intent for the revised language to apply to both Rural
and Residential zoning districts. If the Board concurs with the
intended revision then a motion for approval should state revised
language per the “resultant wording” shown on the Applicant’s April

December 9, 2020
TA2018002
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6, 2020 version of the text amendment. Prior to the May 6, 2020
Board hearing, the applicant agreed to further continuance to the
June 10, 2020 Board hearing. However, staff is concerned there still
may be some inconsistency and confusion over the specific
language now being proposed by the Applicant and would prefer
the Applicant produce a document with comprehensive text
amendment showing all sections of text being amended in
legislative edit from the current ordinance language. See Additional
Comment below.

Due to potential for a comprehensive text amendment related to
group homes and group care facilities, the Applicant has agreed to
a further continuance of this item to the December 9, 2020 hearing.

Recommendation:
On March 12, 2020, the Commission voted 4-3 to recommend
approval of TA2018002 amending MCZO, Sections 201, 501 & 601,
with the revised language proposed by the Applicant (at that time)
– shown below in legislative format with language to be added to
the ordinance underscored, language to be deleted from the
ordinance struck-through:

SECTION 201. DEFINITIONS

Group Home
A dwelling unit shared as a primary residence by NO MORE THAN TEN minors, handicapped or
elderly persons, OR PERSONS WITH A DISABILITY, WHO LIVE TOGETHER as a single housekeeping
unit, in a long term, family-like environment in which staff persons provide on-site THE care,
training, AND/or support for the NEEDED BY EACH INDIVIDUAL residents. Such homes or services
provided therein shall be licensed by, certified by, approved by, registered with, funded by or
through, or under contract with the State. (Group homes shall not include homes for the
developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or
mental retardation, as regulated by Arizona Revised Statutes, §36-582.)

Handicapped: Person with a Disability (Disabled Person):
A person who: 1) Has a physical or mental impairment which substantially limits one or more of
such person's major life activities; 2) Has a record of having SUCH impairment. However,
"Handicapped" shall not include current illegal use of or addiction to a controlled substance (as
defined in § 102 of the Controlled Substance Act [21 United States Code 802]).; OR 3) IS
REGARDED AS HAVING SUCH AN IMPAIRMENT. (ANY ONE OF 1-3 IS HEREINAFTER REFERRED TO
AS A "DISABILITY."). WITHOUT LIMITATION, A PERSONS WITH ADDICTION TO ALCOHOL AND/OR
ILLEGAL DRUGS, WHO IS SEEKING TO RECOVER FROM SUCH ADDICTION AND IS NOT USING
ALCOHOL OR ILLEGAL DRUGS, SHALL BE CONSIDERED TO BE A PERSON WITH A DISABILITY, AS
DEFINED IN UNITED STATES CODE 28 C.F.R. § 36.105(B)(2)(2017).

ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for the following
purposes:
4.
Group homes for not more than ten persons, subject to the following
performance criteria:

December 9, 2020
TA2018002
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a.
Dispersal: No such home shall be located on a lot with a property
line within 1,320 feet, measured in a straight line in any direction, of
the lot line of another such group home. NOTWITHSTANDING THE
FOREGOING, NO DISPERSAL/SEPARATION SHALL BE REQUIRED
WHERE A GROUP HOME IS SEPARATED FROM ANOTHER GROUP
HOME BY A FREEWAY OR CANAL.
b.
If licensing is required by the State of Arizona, for the use, proof of
such licensure shall be provided available to the Department of
Planning and Development prior to the use being established.
Group Homes for addiction recovery shall comply with all standards
set forth in ARS Section 36-2061, et seq.
c.
Residents shall not be Aadjudicated Persons.
d.
Resident staff, if any, are included with the ten-resident limitation.
e.
If staff are not in residence, at least one staff member shall be on
duty at the group home at all times.
f.
There shall be no sign or other exterior indication of a group home
visible from any public street.
g.
All parking for the Group Home shall be on site.
h.
Prior to occupancy of a Group Home, the owner, or owner’s
representative, shall submit an application for zoning certification,
on a form provided by Maricopa County, accompanied by: a floor
plan, a notarized statement detailing qualifications, copies of any
required state of Arizona licenses, and an affidavit of compliance
indicating use of the subject site as Group Home. The Zoning
Administrator shall have 30 days from the date of submission of such
application to conduct a review of the application. Any Zoning
Certification not specifically denied, citing specific reasons for such
denial, in written notice to the applicant, shall be deemed granted.
If such application is timely denied, the applicant may correct any
deficiencies and resubmit same, subject to the review period set
forth above.

ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following
purposes:

December 9, 2020
TA2018002
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Planning and Development prior to the use being established.
Group Homes for addiction recovery shall comply with all standards
set forth in ARS Section 36-2061, et seq.
c.
Residents shall not be Aadjudicated Persons.
d.
Resident staff, if any, are included with the ten-resident limitation.
e.
If staff are not in residence, at least one staff member shall be on
duty at the group home at all times.
f.
There shall be no sign or other exterior indication of a group home
visible from any public street.
g.
All parking for the Group Home shall be on site.
h.
Prior to occupancy of a Group Home, the owner, or owner’s
representative, shall submit an application for zoning certification,
on a form provided by Maricopa County, accompanied by: a floor
plan, a notarized statement detailing qualifications, copies of any
required state of Arizona licenses, and an affidavit of compliance
indicating use of the subject site as Group Home. The Zoning
Administrator shall have 30 days from the date of submission of such
application to conduct a review of the application. Any Zoning
Certification not specifically denied, citing specific reasons for such
denial, in written notice to the applicant, shall be deemed granted.
If such application is timely denied, the applicant may correct any
deficiencies and resubmit same, subject to the review period set
forth above.

Additional Comment:
On April 8, 2020 the Board voted 5-0 to continue TA2018002 to May
6, 2020. On May 6, 2020 the Board voted 5-0 to continue TA2018002
to June 10, 2020. On June 10, 2020 the Board voted 5-0 to continued
to October 21, 2020. On October 21, 2020 the Board voted 5-0 to
continue to December 9, 2020. There has been no new information
provided since the June report to the Board The previous report to
the Board was prepared with the text amendment language from
the Applicant as recommended by the Commission. However, on
April 6, 2020 the Applicant provided staff with an update to the
proposed text amendment language. This is listed below in
legislative format with language to be added to the ordinance
underscored, language to be deleted from the ordinance struck-
through,
and
revised
language
from
the
Commission
recommendation highlighted: (If the Board desires this version of the
text amendment to be approved, motion should speak to “Approval
per the Commission recommendation but with revisions as
highlighted in today’s staff report.)

December 9, 2020
TA2018002
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SECTION 201. DEFINITIONS

December 9, 2020
TA2018002
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on a form provided by Maricopa County, accompanied by: a floor
plan, a notarized statement detailing qualifications, copies of any
required state of Arizona licenses, and an affidavit of compliance
indicating use of the subject site as Group Home. The Zoning
Administrator shall have 30 days from the date of submission of such
application to conduct a review of the application. Any Zoning
Certification not specifically denied, citing specific reasons for such
denial, in written notice to the applicant, shall be deemed granted.
If such application is timely denied, the applicant may correct any
deficiencies and resubmit same, subject to the review period set
forth above.

ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following
purposes:

3.
Group homes for not more than ten persons, subject to the following
performance criteria:
a.
Dispersal: No such home shall be located on a lot with a property
line within 1,320 feet, measured in a straight line in any direction, of
the lot line of another such group home. NOTWITHSTANDING THE
FOREGOING, NO DISPERSAL/SEPARATION SHALL BE REQUIRED
WHERE A GROUP HOME IS SEPARATED FROM ANOTHER GROUP
HOME BY A UTILITY RIGHT-OF-WAY AT LEAST 300 FEET IN WIDTH, OR
BY A FREEWAY OR CANAL.
b.
If licensing is required by the State of Arizona, for the use, proof of
such licensure shall be available to the Department of Planning and
Development prior to the use being established.
c.b.
Residents shall not be Aadjudicated Persons.
c.
Resident staff, if any, are included with the ten-resident limitation.
d.
If staff are not in residence, at least one staff member shall be on
duty at the group home at all times.
e.
There shall be no sign or other exterior indication of a group home
visible from any public street.
f.
All parking for the Group Home shall be on site.
g.
Prior to occupancy of a Group Home, the owner, or owner’s
representative, shall submit an application for zoning certification,
on a form provided by Maricopa County, accompanied by: a floor
plan, a notarized statement detailing qualifications, copies of any
required state of Arizona licenses, and an affidavit of compliance
indicating use of the subject site as Group Home. The Zoning
Administrator shall have 30 days from the date of submission of such
application to conduct a review of the application. Any Zoning
Certification not specifically denied, citing specific reasons for such
denial, in written notice to the applicant, shall be deemed granted.
If such application is timely denied, the applicant may correct any
deficiencies and resubmit same, subject to the review period set
forth above.

December 9, 2020
TA2018002
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Presented by:

Darren V. Gerard, AICP, Planning Services Manager
Reviewed by:
Matthew Holm, AICP, Planning Supervisor

Attachments:

TA2018002 document emailed from Applicant stamped received 4/6/20 (7 pages)

TA2018002 document from applicant stamped received 3/20/20 (2 pages)

NRDHCA comments (1 page)

3/12/20 P&Z Packet (74 pages)

3/12/20 P&Z Minutes (26 pages)

TA2018002
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department

Case:
TA2018002 – Group Homes

Meeting Date:
March 12, 2020 (revisited from January 30, 2020)

Supervisor District:
All

Applicant:
Earl, Curley & Lagarde / Rod Jarvis & Greg Loper

Requests:
Text Amendment to amend Chapter 2, Definitions; Section 501,
Article 501.2.4; and Section 601, Article 601.2.3 of the Maricopa
County Zoning Ordinance (MCZO) relating to Group Homes

Municipal Comments:
One comment from the City of El Mirage regarding the separation
requirement. (No new municipal or agency comment since the May
30, 2019 ZIPPOR meeting.)

Support/Opposition:
Seven letters of opposition/suggested changes to the proposed text.
(No new pubic comment since the May 30, 2019 ZIPPOR meeting.)

Recommendation:
Continue indefinitely

Project Summary:

1.
This item is applicant driven and is being processed through the County’s Enhanced
Regulatory Outreach Program (EROP). This matter was discussed at the November 21,
2019 ZIPPOR meeting where the applicant modified his proposal. It was presented at the
January 30, 2020 Commission hearing where it was continued to the March 12, 2020
hearing with direction for the matter to be discussed at the February 27, 2020 ZIPPOR
meeting. Subsequent to the January hearing staff met with the applicant on February 6,
2020 and the applicant provided further modification to his proposal dated February 13,
2020, attached. There is no new information since the February 27,2020 ZIPPOR meeting.

2.
The applicant’s February 13, 2020 proposal is shown below. Also see attachment to the
ZIPPOR report, attached. The language proposed to be added to the ordinance is
underscored, and deleted language is struck-through:

SECTION 201. DEFINITIONS

TA2018002
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developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or
mental retardation, as regulated by Arizona Revised Statutes, §36-582.)

ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for the following
purposes:
4.
Group homes for not more than ten persons, subject to the following
performance criteria:
a.
Dispersal: No such home shall be located on a lot with a property
line within 1,320 feet, measured in a straight line in any direction, of
the lot line of another such group home. NOTWITHSTANDING THE
FOREGOING, NO DISPERSAL/SEPARATION SHALL BE REQUIRED
WHERE A GROUP HOME IS SEPARATED FROM ANOTHER GROUP
HOME BY A UTILITY RIGHT-OF-WAY AT LEAST 300 FEET IN WIDTH, OR
BY A FREEWAY OR CANAL.
b.
If licensing is required by the State of Arizona, for the use, proof of
such licensure shall be provided available to the Department of
Planning and Development prior to the use being established.
Group Homes for addiction recovery shall comply with all standards
set forth in ARS Section 36-2061, et seq.
c.
Residents shall not be Aadjudicated Persons.
d.
Resident staff, if any, are included with the ten-resident limitation.
e.
If staff are not in residence, at least one staff member shall be on
duty at the group home at all times.
f.
There shall be no sign or other exterior indication of a group home
visible from any public street.
g.
All parking for the Group Home shall be on site.
h.
Prior to occupancy of a Group Home, the owner, or owner’s
representative, shall submit an application for zoning certification,
on a form provided by Maricopa County, accompanied by: a floor
plan, a notarized statement detailing qualifications, copies of any
required state of Arizona licenses, and an affidavit of compliance
indicating use of the subject site as Group Home. The Zoning
Administrator shall have 30 days from the date of submission of such
application to conduct a review of the application. Any Zoning
Certification not specifically denied, citing specific reasons for such

TA2018002
Page 3 of 7
denial, in written notice to the applicant, shall be deemed granted.
If such application is timely denied, the applicant may correct any
deficiencies and resubmit same, subject to the review period set
forth above.

ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following
purposes:

3.
Group homes for not more than ten persons, subject to the following
performance criteria:
a.
Dispersal: No such home shall be located on a lot with a property
line within 1,320 feet, measured in a straight line in any direction, of
the lot line of another such group home. NOTWITHSTANDING THE
FOREGOING, NO DISPERSAL/SEPARATION SHALL BE REQUIRED
WHERE A GROUP HOME IS SEPARATED FROM ANOTHER GROUP
HOME BY A UTILITY RIGHT-OF-WAY AT LEAST 300 FEET IN WIDTH, OR
BY A FREEWAY OR CANAL.
b.
If licensing is required by the State of Arizona, for the use, proof of
such licensure shall be provided available to the Department of
Planning and Development prior to the use being established.
Group Homes for addiction recovery shall comply with all standards
set forth in ARS Section 36-2061, et seq.
c.
Residents shall not be Aadjudicated Persons.
d.
Resident staff, if any, are included with the ten-resident limitation.
e.
If staff are not in residence, at least one staff member shall be on
duty at the group home at all times.
f.
There shall be no sign or other exterior indication of a group home
visible from any public street.
g.
All parking for the Group Home shall be on site.
h.
Prior to occupancy of a Group Home, the owner, or owner’s
representative, shall submit an application for zoning certification,
on a form provided by Maricopa County, accompanied by: a floor
plan, a notarized statement detailing qualifications, copies of any
required state of Arizona licenses, and an affidavit of compliance
indicating use of the subject site as Group Home. The Zoning
Administrator shall have 30 days from the date of submission of such
application to conduct a review of the application. Any Zoning
Certification not specifically denied, citing specific reasons for such
denial, in written notice to the applicant, shall be deemed granted.
If such application is timely denied, the applicant may correct any
deficiencies and resubmit same, subject to the review period set
forth above.

Discussion:

3.
Major Ordinance changes proposed include:

TA2018002
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
Changing the requirement in the “Group Home” Definition for length of required stay
to delete the term “long-term” (interpreted as a period of 12 months or longer) so that
there is no specified duration.

The revised definition also speaks to caring for the unique needs of each individual
resident.

Removing the definition of “Handicapped” and adding a definition of “Person with a
Disability (Disabled Person)”.

Separates out addiction recovery from the general category of group homes for
disabled persons and adds reference for same to ARS Section §36-2061, et. Seq.

Changing the dispersal requirement to exclude a minimum separation distance
requirement when the proposed Group Home is separated from an existing Group
Home by a utility right-of-way of at least 300’ or by a canal or a freeway.

Creating a new application process for zoning certification of a Group Home.

Adds clarification statements that staff must always be present on site at a group
home and counted in the maximum of ten number of residents.

Adds clarification statement that all parking must be on site inferring parking will not
be on street or satellite.

4.
Changes made in the applicant’s proposal since the January 30, 2020 Commission
hearing and November 21, 2019 ZIPPOR meeting:

Changed request for a minimum length of stay at a Group Home from “a minimum
of 30 days” to an unspecified duration by deleting ordinance reference to residency
being “long term”.

Modified proposal to specifically define addiction per United States Code

Deleted request to allow adjudicated residents to reside in a Group Home.

Deleted request to add language specific to group homes used for addiction
recovery that they must comply with the standards of the National Association of
Addiction Recovery (NAAR) as administered by the Arizona Recovery Housing
Association (AZRHA).

Deleted all proposed changes to the Multi-Family Residential zoning districts (that was
included in the previous version).

Sought to clarify caveat to not require separation from group homes located across
a freeway, canal or large public utility easement from one another.

Public Participation:

5.
As part of the EROP process a stakeholder workshop was held on January 25, 2019,
however only one stakeholder attended the meeting. Therefore, the applicant
requested a second workshop which was held on April 12, 2019. The proposed text
amendment was discussed at the May 30, 2019 ZIPPOR Meeting before proceeding to a
July 25, 2019 Planning & Zoning Commission hearing where it was remanded back for
discussion at an August 22, 2019 ZIPPOR meeting. The August meeting was cancelled so
the matter rolled over to the next ZIPPOR meeting on November 21, 2019. The matter
was discussed at the ZIPPOR meeting, and the following day the applicant submitted a
revised proposal dated November 22, 2019, attached. The modified proposal was
presented at the January 30, 2020 hearing where is was continued to today’s hearing but
in the interim was discussed at the February 27, 2020 ZIPPOR meeting. Staff met with the
applicant on February 6, 2020 and on February 13, 2020 he provided a further modified
proposal dated February 6, 2020. This material was reviewed at the February 27, 2020

TA2018002
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ZIPPOR in advance of today’s hearing. There has been no new information since the
ZIPPOR meeting.

6.
In addition to the two stakeholder workshops and three ZIPPOR meetings, to date staff
has received seven letters concerning the proposed text amendment language
(attached). Due to proposal modifications the comments are arguably dated at this
point. The majority of comments to date address some the following:

Concern of adjudicated residents permitted by right in a group home. This request
has since been deleted.

Definition of disability should include reference to the Americans with Disabilities
Act (ADA) and the Federal Fair Housing Act (FFHA).

Spacing requirements, both in support of the change to the spacing requirement
and concerns it may be too excessive. Originally the proposal included adding
the allowance for “treatment” at a Group Home but that request has since been
deleted.

Staff Analysis:

7.
The Maricopa County Zoning Ordinance defines “family” to include a household of five
or fewer unrelated persons. Therefore, there are no requirements associated with a home
of five or fewer residents in any zoning district; including length of stay requirement. In
addition, treatment can be provided to residents at a home including those with five or
fewer unrelated people, and in fact such a facility is not considered a group home but
rather a single-family residence because the definition of Family includes five or fewer
unrelated persons living together as a single housekeeping unit. Today, group homes of
10 or fewer people are a permitted by-right use in any zoning district provided there is no
treatment on-site and residents are living in a long-term, family-like environment, and
meet the dispersal requirement.

8.
The Department has determined that “long term” as used in the MCZO means a period
of 12 months or longer and is specified in the Department Directive DD-2017-03
(attached). A family-like environment cannot be transitory or short duration. Transient
residential uses are not harmonious with a single-family residential neighborhood and is
counter to a chief purpose of the Maricopa County Zoning Ordinance; to protect the
character and the stability of residential areas and to promote the public health, peace,
safety, comfort, convenience and general welfare of the same. An example would be
when you live in a single-family neighborhood you expect the dwelling next door to be
rented as a whole to a single family and not to have each bed separately rented so that
six to ten unrelated adults are residing in the dwelling. That is one of the characteristics of
a single-family residential neighborhood and why families tend to choose to live there as
opposed to a multi-family residential zoning district.

9.
The Social Security Administration defines a disability as a condition that prevents a
person from engaging in any substantial gainful activity (work of a nature generally
performed for pay or profit whether or not profit is realized) because of a medically-
determinable physical or mental impairment that is expected to result in death, or that
has lasted or is expected to last for a continuous period of at least 12 months. A
determination of 12 months as long term is reasonable and consistent with federal rules.

TA2018002
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10.
If a residential facility for group care does not qualify as a Group Home it is, by definition,
considered a Group Care Facility. A Group Care Facility is not permitted by right in the
Rural and Single-Family Residential zoning districts. However, it is permitted as of right in
the C-2 and C-3 commercial zoning districts (under the umbrella of hospital) or with
legislative approval of a Special Use Permit in any zoning district.

11.
The following items proposed in the text amendment cause the staff concern:

Staff has concerns with removing “long-term” from the definition of Group Home as
creating a transient residential facility would not be harmonious with a single-family
residential neighborhood. Staff would not have this same concern with multi-family
residential neighborhoods which are a more mobile environment.

Staff has concern with changing the definition of Group Home to read, “A residence
shared as a primary dwelling” as opposed to “their” primary dwelling. A group of
persons cannot be living together as a single housekeeping unit in a family-like
environment if the dwelling is not the primary dwelling for each resident. However,
staff believes the applicant intends to maintain the descriptor “their” as currently
worded in the ordinance, but there is conflict between the applicant’s leg-edit and
final version of the proposed text amendment.

The applicant is directing the Department to create a new process for group home
applications that does not fit within the current land use application under which
group homes are currently processed.

Staff does not believe it appropriate to treat different classes of Group Home residents
differently based upon classification, and has heard concerns of the County
Attorney’s Office with respect to this issue. It may be more appropriate to create
brand new land use categories rather than to simply revise the Group Home
definition.

Staff is uncertain of the meaning and has concern with the term “unique care, training
and/or support needed by each individual” in the proposed definition of Group
Home.

Staff is concerned with the sentence “Without limitation, a person with addiction to
alcohol and/or illegal drugs, who is seeking to recover from such addiction and is not
using alcohol or illegal drugs, shall be considered to be a Person with a Disability.”
included in the proposed definition of Person with a Disability / Disabled Person. It
seems unnecessary verbiage. It may be more appropriate in a Departmental
Directive clarifying disability as per the federal Fair Housing Act.

Reference to 28 C.F.R. § 36.105(B)(2) should be to 28 C.F.R. § 36.105 to incorporate
the entire rule.

Staff is concerned with the proposed language to be added to the dispersal /
separation distance, “Notwithstanding the foregoing, no dispersal/separation shall be
required where a Group Home is separated from another Group Home by a utility
right-of-way at least 300 feet in width, or by a freeway or canal.” It does not apply a
minimum width to freeway or canal. The latter can be smaller landmarks with minimal
impact on vehicular or pedestrian circulation and presenting no boundary or
obstacle. Staff notes the applicant has modified the proposed language in this
article; however, the language seems to need further clarification so that it’s clear
that group homes across the freeway from one another need not be 1,500’ apart but
that those group homes would otherwise meet the separation distance from other
group homes on the same side of the freeway. Alternative language could be,
“Notwithstanding the foregoing, no dispersal/separation shall be required between

TA2018002
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two group homes that are separated by a utility right-of-way of at least 300’ or by a
freeway or a canal.”

12.
Due to complex legal issues associated with the Americans with Disabilities Act and the
Federal Fair Housing Act, this matter needs to be addressed in a more comprehensive
manner and not applicant driven. The language proposed by the applicant raises more
questions than it answers. For example, questions remain regarding provisions for
reasonable accommodations; different group home requirements across zoning
categories (i.e. rural vs. single-family residential vs. multi-family residential); and
classification of homes where treatment for residents is provided off-site (i.e. are these
homes group homes, boarding houses or group care facilities?).

13.
Staff agrees that revisions, such as updating the definition of “handicapped”, may be
needed to the MCZO. Due to the complex legal issues associated with the American with
Disabilities Act and the Federal Fair Housing Act, these revisions should be made through
a staff-driven text amendment process, after consultation with qualified experts and
county legal counsel. For that reason and for the reasons outlined in this report, staff
would recommend this matter either be continued indefinitely of be denied. A more
comprehensive, non-applicant-driven text amendment would require several months to
process.

Recommendation:

14.
Staff recommends the Commission motion for TA2018002 to be continued indefinitely.

Prepared by:
Darren V. Gerard, AICP, Planning Manager
Reviewed by:
Jen Pokorski, AICP, Director

Attachments:
2/27/20 ZIPPOR staff report packet (67 pages)

TA2018002
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
TA2018002 – Group Homes
Meeting Date:
February 27, 2020 (revisited from November 21, 2019)
Supervisor District:
All

Applicant:
Earl, Curley & Lagarde / Rod Jarvis & Greg Loper
Requests:
Text Amendment to amend Chapter 2, Definitions; Section 501,
Article 501.2.4; and Section 601, Article 601.2.3 of the Maricopa
County Zoning Ordinance (MCZO) relating to Group Homes
Municipal Comments:
One comment from the City of El Mirage regarding the separation
requirement. (No new municipal or agency comment since the May
30, 2019 ZIPPOR meeting.)
Support/Opposition:
Seven letters of opposition/suggested changes to the proposed text.
(No new pubic comment since the May 30, 2019 ZIPPOR meeting.)
Recommendation:
N/A – no action, discussion only at the ZIPPOR
Project Summary:
1.
This item is applicant driven and is being processed through the County’s Enhanced
Regulatory Outreach Program (EROP). This matter was discussed at the November 21,
2019 ZIPPOR meeting where the applicant modified his proposal. It was presented at the
January 30, 2020 Commission hearing where it was continued to the March 12, 2020
hearing with direction for the matter to be discussed at today’s ZIPPOR meeting.
Subsequent to the January hearing staff met with the applicant on February 6, 2020 and
the applicant provided further modification to his proposal dated February 13, 2020,
attached.
2.
The applicant’s February 13, 2020 proposal is shown below. Also see attachment. The
language proposed to be added to the ordinance is underscored, and deleted language
is struck-through:
SECTION 201. DEFINITIONS
Group Home
A dwelling unit shared as a primary residence by NO MORE THAN TEN minors, handicapped or
elderly persons, OR PERSONS WITH A DISABILITY, WHO LIVE TOGETHER as a single housekeeping
unit, in a long term, family-like environment in which staff persons provide on-site THE care,
training, AND/or support for the NEEDED BY EACH INDIVIDUAL residents. Such homes or services
provided therein shall be licensed by, certified by, approved by, registered with, funded by or
through, or under contract with the State. (Group homes shall not include homes for the

TA2018002
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developmentally disabled, defined as persons afflicted with autism, cerebral palsy, epilepsy or
mental retardation, as regulated by Arizona Revised Statutes, §36-582.)

ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following
purposes:

3.
Group homes for not more than ten persons, subject to the following
performance criteria:
a.
Dispersal: No such home shall be located on a lot with a property
line within 1,320 feet, measured in a straight line in any direction, of
the lot line of another such group home. NOTWITHSTANDING THE
FOREGOING, NO DISPERSAL/SEPARATION SHALL BE REQUIRED
WHERE A GROUP HOME IS SEPARATED FROM ANOTHER GROUP
HOME BY A UTILITY RIGHT-OF-WAY AT LEAST 300 FEET IN WIDTH, OR
BY A FREEWAY OR CANAL.
b.
If licensing is required by the State of Arizona, for the use, proof of
such licensure shall be provided available to the Department of
Planning and Development prior to the use being established.
Group Homes for addiction recovery shall comply with all standards
set forth in ARS Section 36-2061, et seq.
c.
Residents shall not be Aadjudicated Persons.
d.
Resident staff, if any, are included with the ten-resident limitation.
e.
If staff are not in residence, at least one staff member shall be on
duty at the group home at all times.
f.
There shall be no sign or other exterior indication of a group home
visible from any public street.
g.
All parking for the Group Home shall be on site.
h.
Prior to occupancy of a Group Home, the owner, or owner’s
representative, shall submit an application for zoning certification,
on a form provided by Maricopa County, accompanied by: a floor
plan, a notarized statement detailing qualifications, copies of any
required state of Arizona licenses, and an affidavit of compliance
indicating use of the subject site as Group Home. The Zoning
Administrator shall have 30 days from the date of submission of such
application to conduct a review of the application. Any Zoning
Certification not specifically denied, citing specific reasons for such
denial, in written notice to the applicant, shall be deemed granted.
If such application is timely denied, the applicant may correct any
deficiencies and resubmit same, subject to the review period set
forth above.

Discussion:

3.
Major Ordinance changes proposed include:

4. Changes made in the applicant’s proposal since the January 30, 2020 Commission
hearing and November 21, 2019 ZIPPOR meeting:

Changed request for a minimum length of stay at a Group Home from “a minimum
of 30 days” to an unspecified duration by deleting ordinance reference to residency
being “long term”.

Modified proposal to specifically define addiction per United States Code

Deleted request to allow adjudicated residents to reside in a Group Home.

Deleted request to add language specific to group homes used for addiction
recovery that they must comply with the standards of the National Association of
Addiction Recovery (NAAR) as administered by the Arizona Recovery Housing
Association (AZRHA).

Deleted all proposed changes to the Multi-Family Residential zoning districts (that was
included in the previous version).

Sought to clarify caveat to not require separation from group homes located across
a freeway, canal or large public utility easement from one another.

Public Participation:

5.
As part of the EROP process a stakeholder workshop was held on January 25, 2019,
however only one stakeholder attended the meeting. Therefore, the applicant
requested a second workshop which was held on April 12, 2019. The proposed text
amendment was discussed at the May 30, 2019 ZIPPOR Meeting before proceeding to a
July 25, 2019 Planning & Zoning Commission hearing where it was remanded back for
discussion at an August 22, 2019 ZIPPOR meeting. The August meeting was cancelled so
the matter rolled over to the next ZIPPOR meeting on November 21, 2019. The matter
was discussed at the ZIPPOR meeting, and the following day the applicant submitted a
revised proposal dated November 22, 2019, attached. The modified proposal was
presented at the January 30, 2020 hearing where is was continued to the March 12, 2020
hearing with instruction for the matter to be discussed at today’s ZIPPOR meeting. Staff
met with the applicant on February 6, 2020 and on February 13, 2020 he provided a
further modified proposal dated February 6, 2020.

TA2018002
Page 5 of 7
6.
In addition to the two stakeholder workshops and two ZIPPOR meetings, to date staff has
received seven letters concerning the proposed text amendment language (attached).
Due to proposal modification the comments are arguably dated at this point. The
majority of comments to date address some the following:

Concern of adjudicated residents permitted by right in a group home. This request
has since been deleted.

Definition of disability should include reference to the Americans with Disabilities
Act (ADA) and the Federal Fair Housing Act (FFHA).

Spacing requirements, both in support of the change to the spacing requirement
and concerns it may be too excessive. Originally the proposal included adding
the allowance for “treatment” at a Group Home but that request has since been
deleted.

Staff Analysis:

10.
If a residential facility for group care does not qualify as a Group Home it is, by definition,
considered a Group Care Facility. A Group Care Facility is not permitted by right in the
Rural and Single-Family Residential zoning districts. However, it is permitted as of right in

TA2018002
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the C-2 and C-3 commercial zoning districts (under the umbrella of hospital) or with
legislative approval of a Special Use Permit in any zoning district.

TA2018002
Page 7 of 7
12.
Due to complex legal issues associated with the Americans with Disabilities Act and th
Federal Fair Housing Act, this matter needs to be addressed in a more comprehensive
manner and not applicant driven. The language proposed by the applicant raises more
questions than it answers. For example, questions remain regarding provisions for
reasonable accommodations; different group home requirements across zoning
categories (i.e. rural vs. single-family residential vs. multi-family residential); and
classification of homes where treatment for residents is provided off-site (i.e. are these
homes group homes, boarding houses or group care facilities?).

Recommendation:

13.
Staff agrees that revisions, such as updating the definition of “handicapped”, may be
needed to the MCZO. Due to the complex legal issues associated with the American with
Disabilities Act and the Federal Fair Housing Act, these revisions should be made through
a staff-driven text amendment process, after consultation with qualified experts and
county legal counsel. For that reason and for the reasons outlined in this report, staff
continued to recommend that on March 12, 2020 the Commission motion for Denial of
TA2018002.

Prepared by:
Darren V. Gerard, AICP, Planning Manager
Reviewed by:
Jen Pokorski, AICP, Director

Attachments:
Applicant revisions dated 2/6/20 (6 pages)

1/30/20 P&Z staff report packet (54 pages)

Group Homes Text Amendment
(revised: November 22, 2019 – Revision #3 (based on ZIPPOR))
Possible Changes per meeting with Maricopa County – 6-FEB-2020
(changes from previous version are highlighted)
The proposed Text Amendments are in regard to “Group Homes” and proposes changes
to the following Sections / Articles of the Maricopa County Zoning Ordinance, as most-
recently published in May, 2017:
▪
Section 201: Definitions (“Group Home” and “Handicapped”)
▪
Section 501 / Article 501.2.4: Rural-190 zoning district – Use Regulations
▪
Section 601 / Article 601.2.3: R1-35 zoning district – Use Regulations
In addition, by virtue of some zoning district referring to others for their respective use
regulations, the following additional zoning districts are potentially affected by the
proposed text amendments:
▪
Section 502 / Article 502.2: Rural-70 zoning district – Use Regulations (refers to the
Rural-190 zoning district)
▪
Section 503 / Article 503.2: Rural-43 Zoning District – Use Regulations (refers to the
Rural-190 zoning district)
▪
Section 602 / Article 602.2: R1-18 zoning district – Use Regulations (refers to the R1-
35 zoning district)
▪
Section 603 / Article 603.2: R1-10 zoning district – Use Regulations (refers to the R1-
35 zoning district)
▪
Section 604 / Article 604.2: R1-8 zoning district – Use Regulations (refers to the R1-
35 zoning district)
▪
Section 605 / Article 605.2: R1-7 zoning district – Use Regulations (refers to the R1-
35 zoning district)
▪
Section 606 / Article 606.2: R1-6 zoning district – Use Regulations (refers to the R1-
35 zoning district)
▪
Section 701 / Article 701.2: R-2 zoning district – Use Regulations (refers to the R1-35
zoning district)
▪
Section 702 / Article 702.2: R-3, R-4 and R-5 zoning districts – Use Regulations (refers
to the R-2 zoning district)

Proposed Changes to Section 201 (Definitions):

“Group Home”:

Existing definition:

A dwelling unit shared as their primary residence by minors, handicapped or elderly
persons, living together as a single housekeeping unit, in a long term, family-like
environment in which staff persons provide on-site care, training, or support for the
residents. Such homes or services provided therein shall be licensed by, certified
by, approved by, registered with, funded by or through, or under contract with the
State. (Group homes shall not include homes for the developmentally disabled,
defined as persons afflicted with autism, cerebral palsy, epilepsy or mental
retardation, as regulated by Arizona Revised Statutes, §36-582.)

Proposed changes (legislative format):

A dwelling unit shared as a primary residence by NO MORE THAN TEN minors,
handicapped or elderly persons, OR PERSONS WITH A DISABILITY, WHO LIVE
TOGETHER as a single housekeeping unit, in a long term, family-like IN AN
environment in which staff persons provide on-site THE UNIQUE care, training,
AND/or support for the NEEDED BY EACH INDIVIDUAL residents. Such homes or
services provided therein shall be licensed by, certified by, approved by, registered
with, funded by or through, or under contract with the State. (Group homes shall not
include homes for the developmentally disabled, defined as persons afflicted with
autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona
Revised Statutes, §36-582.)

Resultant wording:

A dwelling unit shared as their primary residence by no more than ten minors, elderly
persons, or Persons with a Disability, who live together as a single housekeeping unit
in a family-like environment in which staff provide on-site the care, training and/or
support needed by each individual resident.

“Handicapped”

Existing definition:

Handicapped:

A person who: 1) Has a physical or mental impairment which substantially limits one
or more of such person's major life activities. 2) Has a record of having impairment.
However, "Handicapped" shall not include current illegal use of or addiction to a
controlled substance (as defined in § 102 of the Controlled Substance Act [21 United
States Code 802]).

Proposed changes (legislative format):

PERSON WITH A DISABILITY (DISABLED PERSON): Handicapped:

A person who: 1) Has a physical or mental impairment which substantially limits one
or more of such person's major life activities; 2) Has a record of having SUCH
impairment.; OR 3) IS REGARDED AS HAVING SUCH AN IMPAIRMENT. (ANY
ONE OF 1-3 IS HEREINAFTER REFERRED TO AS A "DISABILITY."). WITHOUT
LIMITATION, A PERSONS WITH ADDICTIONS TO ALCOHOL AND/OR ILLEGAL
DRUGS, WHO ARE IS SEEKING TO RECOVER FROM SUCH ADDICTIONS AND
ARE IS NOT USING ALCOHOL OR ILLEGAL DRUGS, SHALL BE CONSIDERED
TO BE A PERSON WITH A DISABILITY, AS DEFINED IN UNITED STATES CODE
28 C.F.R. § 36.105(B)(2)(2017). However, "Handicapped" shall not include current
illegal use of or addiction to a controlled substance (as defined in § 102 of the
Controlled Substance Act [21 United States Code 802]).

Resultant wording:

Person With A Disability (Disabled Person): A person who: 1) Has a physical or
mental impairment which substantially limits one or more of such person's major life
activities; 2) Has a record of having such impairment; or 3) Is regarded as having such
an impairment. (Any one of 1-3 is hereinafter referred to as a "Disability.") Without
limitation, a person with addiction to alcohol and/or illegal drugs, who is seeking to
recover from such addiction and is not using alcohol or illegal drugs, shall be
considered to be Person With A Disability, as defined in United States Code 28 C.F.R.
§ 36.105(b)(2)(2017).

Proposed Changes to Rural, Single-Family Residential and Multi-Family
Residential Zoning Districts:

The following proposed changes are to the respective portions of the Rural-190, Rural-
70, Rural-43, R1-35, R1-10, R1-8, R1-7, AND R1-6, R-2, R-3, R-4 and R-5 zoning
districts.

Existing language (see page 1 for specific Chapter and subsection):

X.
Group homes for not more than ten persons, subject to the following performance
criteria:

a.
Dispersal: No such home shall be located on a lot with a property line within
1,320 feet, measured in a straight line in any direction, of the lot line of
another such group home.

b.
If licensing is required by the State of Arizona for the use, proof of such
licensure shall be available to the Department of Planning and Development
prior to the use being established.

c.
Residents shall not be adjudicated.

Proposed changes (legislative format):

Group Homes for not more than ten persons, subject to the following conditions:

X.
Group homes for not more than ten persons, subject to the following performance
criteria:

a.
Dispersal: No such home shall be located on a lot with a property line within
1,320 feet, measured in a straight line in any direction, of the lot line of
another such group home. NOTWITHSTANDING THE FOREGOING, NO
DISPERSAL/SEPARATION SHALL BE REQUIRED WHERE A GROUP
HOMES IS ARE SEPARATED FROM ANOTHER GROUP HOME BY A
UTILITY RIGHT-OF-WAY AT LEAST 300 FEET IN WIDTH, OR BY A
FREEWAY OR CANAL.

b.
If licensing is required by the State of Arizona for the use, proof of such licensure
shall be PROVIDED available to the Department of Planning and Development
prior to the use being established. GROUP HOMES USED FOR ADDICTION
RECOVERY ARE REQUIRED TO COMPLY WITH THE STANDARDS OF
THE NATIONAL ASSOCIATION OF ADDICTION RECOVERY (”NAAR”),
AS ADMINISTERED IN THE STATE OF ARIZONA BY THE ARIZONA
RECOVERY HOUSING ASSOCIATION (“AZRHA”), OR SUCH OTHER
BODY WITH STANDARDS OF OPERATION EQUAL TO OR MORE
STRINGENT THAN NAAR. ADDITIONALLY, GROUP HOMES FOR
ADDICTION RECOVERY SHALL COMPLY WITH ALL STANDARDS SET
FORTH IN ARS SECTION 36-2061, ET SEQ.

c.
Residents shall not be Adjudicated PERSONS.

D.
RESIDENT STAFF, IF ANY, ARE NOT INCLUDED WITH THE TEN
RESIDENT LIMITATION.

E.
IF STAFF ARE NOT IN RESIDENCE, AT LEAST ONE STAFF MEMBER
SHALL BE ON DUTY AT THE GROUP HOME AT ALL TIMES.

F.
THERE SHALL BE NO SIGN OR OTHER EXTERIOR INDICATION OF A
GROUP HOME VISIBLE FROM ANY PUBLIC STREET.

G.
ALL PARKING FOR THE GROUP HOME SHALL BE ON SITE.

H.
PRIOR TO OCCUPANCY OF A GROUP HOME, THE OWNER, OR
OWNER'S REPRESENTATIVE, SHALL SUBMIT AN APPLICATION FOR
ZONING CERTIFICATION, ON A FORM PROVIDED BY MARICOPA
COUNTY, ACCOMPANIED BY: A FLOOR PLAN, A NOTARIZED
STATEMENT
DETAILING
QUALIFICATIONS,
COPIES
OF
ANY
REQUIRED STATE OF ARIZONA LICENSES, AND AN AFFIDAVIT OF
COMPLIANCE INDICATING USE OF THE SUBJECT SITE AS A GROUP
HOME. THE DEPARTMENT OF PLANNING AND DEVELOPMENT SHALL
HAVE 30 DAYS FROM THE DATE OF THE SUBMISSION OF SUCH
APPLICATION TO CONDUCT A REVIEW OF THE APPLICATION. ANY
ZONING CERTIFICATION NOT SPECIFICALLY DENIED, CITING
SPECIFIC REASONS FOR SUCH DENIAL, IN WRITTEN NOTICE TO THE
APPLICANT, SHALL BE DEEMED GRANTED. IF SUCH APPLICATION
IS
TIMELY
DENIED,
THE
APPLICANT
MAY
CORRECT
ANY
DEFICIENCIES AND RESUBMIT SAME, SUBJECT TO THE REVIEW
PERIOD SET FORTH ABOVE.

Resultant Language:

X.
Group homes for not more than ten persons, subject to the following criteria:

a.
Dispersal: No such home shall be located on a lot with a property line within
1,320 feet, measured in a straight line in any direction, of the lot line of
another
such
group
home.
Notwithstanding
the
foregoing,
no
dispersal/separation shall be required where a Group Home is separated
from another Group Home by a utility right-of-way at least 300 feet in width,
or by a freeway or canal.

b.
If licensing is required by the State of Arizona for the use, proof of such
licensure shall be provided to the Department of Planning and Development
prior to the use being established. Group Homes used for addiction
recovery are required to comply with the standards of the National
Association of Addiction Recovery (”NAAR”), as administered in the State
of Arizona by the Arizona Recovery Housing Association (“AZRHA”), or
such other body with standards of operation equal to or more stringent than

NAAR. Additionally, Group Homes for addiction recovery shall comply with
all standards set forth in ARS Section 36-2061, et seq.

c.
Residents shall not be Adjudicated Persons.

d.
Resident staff, if any, are not included with the ten-resident limitation.

e.
If staff are not in residence, at least one staff member shall be on duty at
the Group Home at all times.

f.
There shall be no sign or other exterior indication of a Group Home visible
from any public street.

g.
All parking for the Group Home shall be on site.

h.
Prior to occupancy of a Group Home, the owner, or owner's representative,
shall submit an application for Zoning Certification, on a form provided by
Maricopa County, accompanied by: a floor plan, a notarized statement
detailing qualifications, copies of any required State of Arizona licenses, and
an affidavit of compliance indicating use of the subject site as a Group
Home. The Department of Planning and Development shall have 30 days
from the date of the submission of such application to conduct a review of
the application. Any Zoning Certification not specifically denied, citing
specific reasons for such denial, in written notice to the applicant, shall be
deemed granted. If such application is timely denied, the applicant may
correct any deficiencies and resubmit same, subject to the review period set
forth above.

TA2018002
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department

Case:
TA2018002 – Group Homes

Meeting Date:
January 30, 2020 (revisited from July 25, 2019)

Supervisor District:
All

Applicant:
Earl, Curley & Lagarde / Rod Jarvis & Greg Loper

Requests:
Text Amendment to amend Chapter 2, Definitions; Section 501,
Article 501.2.4; Section 601, Article 601.2.3; and Section 702, Article
702.2.5 of the Maricopa County Zoning Ordinance (MCZO) relating
to Group Homes

Municipal Comments:
One comment from the City of El Mirage regarding the separation
requirement

Support/Opposition:
Seven letters of opposition/suggested changes to the proposed text.
(No new pubic comment since the May 30, 2019 ZIPPOR meeting.)

Recommendation:
Denial

Project Summary:

1.
This item is applicant driven and is being processed through the County’s Enhanced
Regulatory Outreach Program (EROP). This matter was discussed at the November 21,
2019 ZIPPOR meeting where the applicant modified his proposal. The applicant’s current
proposal is shown below. The language proposed to be added to the ordinance is
underscored, and deleted language is struck-through:

SECTION 201. DEFINITIONS

Group Home

A dwelling unit shared as their a primary residence, by no more than ten minors, handicapped
or elderly persons, or persons with a disability, who live together living together as a single
housekeeping unit, in a long term, family-like environment in which staff persons provide on-site
the unique care, training, and/or support for the needed by each individual residents. Such
homes or services provided therein shall be licensed by, certified by, approved by, registered
with, funded by or through, or under contract with the State. (Group homes shall not include
homes for the developmentally disabled, defined as persons afflicted with autism, cerebral
palsy, epilepsy or mental retardation, as regulated by Arizona Revised Statutes, §36-582.)

Handicapped:

A person who: 1) Has a physical or mental impairment which substantially limits one or more of
such person's major life activities. 2) Has a record of having impairment. However,

TA2018002
Page 2 of 7
"Handicapped" shall not include current illegal use of or addiction to a controlled substance (as
defined in § 102 of the Controlled Substance Act [21 United States Code 802]).

Person with a Disability (Disabled Person):

A person who: 1) Has a physical or mental impairment which substantially limits one or more of
such person's major life activities; 2) Has a record of having such impairment; or 3) is regarded
as having such an impairment. (Any one of 1-3 is hereinafter referred to as a “Disability”).
Without limitation, a person with addiction to alcohol and/or illegal drugs, who is seeking to
recover from such addiction and is not using alcohol or illegal drugs, shall be considered to be
a Person with a Disability.

ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for the following
purposes:

4.
Group homes for not more than ten persons, subject to the following
performance criteria:
a.
Dispersal: No such home shall be located on a lot with a property
line within 1,320 feet, measured in a straight line in any direction, of
the lot line of another such group home. Notwithstanding the
foregoing, no dispersal/separation shall be required where group
homes are separated by a utility right-of-way at least 300 feet in
width, or by a freeway, or canal.
b.
If licensing is required by the State of Arizona, for the use, proof of
such licensure shall be provided available to the Department of
Planning and Development prior to the use being established.
Group Homes for addiction recovery shall comply with all standards
set forth in ARS Section 36-2061, et seq.
c.
Residents shall not be Aadjudicated Persons.
d.
Resident staff, if any, are not included with the ten-resident
limitation.
e.
If staff are not in residence, at least one staff member shall be on
duty at the group home at all times.
f.
There shall be no sign or other exterior indication of a group home
visible from any public street.
g.
All parking for the Group Home shall be on site.
h.
Prior to occupancy of a Group Home, the owner, or owner’s
representative, shall submit an application for zoning certification,
on a form provided by Maricopa County, accompanied by: a floor
plan, a notarized statement detailing qualifications, copies of any
required state of Arizona licenses, and an affidavit of compliance
indicating use of the subject site as Group Home. The Zoning
Administrator shall have 30 days from the date of submission of such
application to conduct a review of the application. Any Zoning
Certification not specifically denied, citing specific reasons for such

ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following
purposes:

3.
Group homes for not more than ten persons, subject to the following
performance criteria:
a.
Dispersal: No such home shall be located on a lot with a property
line within 1,320 feet, measured in a straight line in any direction, of
the lot line of another such group home. Notwithstanding the
foregoing, no dispersal/separation shall be required where group
homes are separated by a utility right-of-way at least 300 feet in
width, or by a freeway, or canal.
b.
If licensing is required by the State of Arizona, for the use, proof of
such licensure shall be provided available to the Department of
Planning and Development prior to the use being established.
Group Homes for addiction recovery shall comply with all standards
set forth in ARS Section 36-2061, et seq.
c.
Residents shall not be Aadjudicated Persons.
d.
Resident staff, if any, are not included with the ten-resident
limitation.
e.
If staff are not in residence, at least one staff member shall be on
duty at the group home at all times.
f.
There shall be no sign or other exterior indication of a group home
visible from any public street.
g.
All parking for the Group Home shall be on site.
h.
Prior to occupancy of a Group Home, the owner, or owner’s
representative, shall submit an application for zoning certification,
on a form provided by Maricopa County, accompanied by: a floor
plan, a notarized statement detailing qualifications, copies of any
required state of Arizona licenses, and an affidavit of compliance
indicating use of the subject site as Group Home. The Zoning
Administrator shall have 30 days from the date of submission of such
application to conduct a review of the application. Any Zoning
Certification not specifically denied, citing specific reasons for such
denial, in written notice to the applicant, shall be deemed granted.
If such application is timely denied, the applicant may correct any
deficiencies and resubmit same, subject to the review period set
forth above.

ARTICLE 702.2. Use Regulations: A building or premises shall be used only for the following
purposes:

TA2018002
Page 4 of 7
5.
Group homes for not more than ten persons subject to the following
performance criteria:
a.
Dispersal: No such home shall be located on a lot with a property
line within 1,320 feet, measured in a straight line in any direction, of
the lot line of another such group home. Notwithstanding the
foregoing, no dispersal/separation shall be required where group
homes are separated by a utility right-of-way at least 300 feet in
width, or by a freeway, or canal.

a.b. If licensing is required by the State of Arizona, for the use, proof of
such licensure shall be provided available to the Department of
Planning and Development prior to the use being established.
Group Homes for addiction recovery shall comply with all standards
set forth in ARS Section 36-2061, et seq.
b.c. Residents shall not be Aadjudicated Persons.
d.
Resident staff, if any, are not included with the ten-resident
limitation.
e.
If staff are not in residence, at least one staff member shall be on
duty at the group home at all times.
f.
There shall be no sign or other exterior indication of a group home
visible from any public street.
g.
All parking for the Group Home shall be on site.
h.
Prior to occupancy of a Group Home, the owner, or owner’s
representative, shall submit an application for zoning certification,
on a form provided by Maricopa County, accompanied by: a floor
plan, a notarized statement detailing qualifications, copies of any
required state of Arizona licenses, and an affidavit of compliance
indicating use of the subject site as Group Home. The Zoning
Administrator shall have 30 days from the date of submission of such
application to conduct a review of the application. Any Zoning
Certification not specifically denied, citing specific reasons for such
denial, in written notice to the applicant, shall be deemed granted.
If such application is timely denied, the applicant may correct any
deficiencies and resubmit same, subject to the review period set
forth above.
Discussion:

2.
Major Ordinance changes proposed include:

Changing the requirement in the “Group Home” Definition for length of required stay
to delete the term “long-term” (interpreted as a period of 12 months or longer) so that
there is no specified duration.

The revised definition also speaks to caring for the unique needs of each individual
resident.

Removing the definition of “Handicapped” and adding a definition of “Person with a
Disability (Disabled Person)”.

Separates out addiction recovery from the general category of group homes for
disabled persons and adds reference for same to ARS Section §36-2061, et. Seq.

TA2018002
Page 5 of 7

Changing the dispersal requirement to exclude a minimum separation distance
requirement when the proposed Group Home separated from an existing Group
Home by a utility right-of-way of at least 300’ or by a canal or a freeway.

Creating a new application process for zoning certification of a Group Home.

Adds clarification statements that staff must always be present on site at a group
home but are not counted in the maximum of ten number of residents.

Adds clarification statement that all parking must be on site inferring parking will not
be on street or satellite.

The latest proposal of the amendment also requests to treat Mulit-Family Residential
zoning districts the same as Single-Family Residential and Rural zoning districts with
regard to Group Homes.

3. Changes made in the applicant’s proposal at the November 21, 2019 ZIPPOR meeting:

Changed request for a minimum length of stay at a Group Home from “a minimum
of 30 days” to an unspecified duration by deleting ordinance reference to residency
being “long term”.

Deleted request to allow adjudicated residents to reside in a Group Home.

Deleted request to add language specific to group homes used for addiction
recovery that they must comply with the standards of the national Association of
Addiction Recovery (NAAR) as administered by the Arizona Recovery Housing
Association (AZRHA).

Public Participation:

4.
As part of the EROP process a stakeholder workshop was held on January 25, 2019,
however only one stakeholder attended the meeting. Therefore, the applicant
requested a second workshop which was held on April 12, 2019. The proposed text
amendment was discussed at the May 30, 2019 ZIPPOR Meeting before proceeding to a
July 25, 2019 Planning & Zoning Commission hearing where it was remanded back for
discussion at an August 22, 2018 ZIPPOR meeting. The August meeting was cancelled so
the matter rolled over to the next ZIPPOR meeting on November 21, 2019. The matter
was discussed at the ZIPPOR meeting, and the following day the applicant submitted the
Revision #3 document dated November 22, 2019, attached. Staff’s analysis is based
upon the revised submittal. There has been no additional information and no public
comment since the ZIPPOR meeting.

5.
In addition to the two stakeholder workshops and two ZIPPOR meetings, to date staff has
received seven letters concerning the proposed text amendment language (attached).
The majority of comments to date address some the following:


Concern of adjudicated residents permitted by right in a group home. This request
has since been deleted.

Definition of disability should include reference to Americans with Disabilities Act
(ADA) and the Federal Fair Housing Act (FFHA).

Spacing requirements, both in support of the change to the spacing requirement
and concerns it may be too excessive. Originally the proposal included adding
the allowance for “treatment” at a Group Home but that request has since been
deleted.

TA2018002
Page 6 of 7
Staff Analysis:

6.
The Maricopa County Zoning Ordinance defines “family” to include a household of five
or fewer unrelated persons. Therefore, there are no requirements associated with a home
of five or fewer residents in any zoning district; including length of stay requirement. In
addition, treatment can be provided to residents at a home including those with five or
fewer unrelated people, and in fact such a facility is not considered a group home but
rather a single-family residence because the definition of Family includes five or fewer
unrelated persons living together as a single housekeeping unit. Today, group homes of
10 or fewer people are a permitted by-right use in any zoning district provided there is no
treatment on-site and residents are living in a long-term, family-like environment, and
meet the dispersal requirement.

7.
The Department has determined that “long term” as used in the MCZO means a period
of 12 months or longer and is specified in the Department Directive DD-2017-03
(attached). A family-like environment cannot be transitory or short duration. Transient
residential uses are not harmonious with a single-family residential neighborhood and is
counter to a chief purpose of the Maricopa County Zoning Ordinance; to protect the
character and the stability of residential areas and to promote the public health, peace,
safety, comfort, convenience and general welfare of the same. An example would be
when you live in a single-family neighborhood and your child makes a friend next door
at the age of 3, the expectation is they will still be friends at the age of 8. That is one of
the characteristics of a single-family residential neighborhood and why families tend to
choose to live there as opposed to a multi-family residential zoning district.

8.
The Social Security Administration defines a disability as a condition that prevents a
person from engaging in any substantial gainful activity (work of a nature generally
performed for pay or profit whether or not profit is realized) because of a medically-
determinable physical or mental impairment that is expected to result in death, or that
has lasted or is expected to last for a continuous period of at least 12 months. A
determination of 12 months as long term is reasonable and consistent with federal rules.

9.
If a residential facility for group care does not qualify as a Group Home it is, by definition,
considered a Group Care Facility. A Group Care Facility is not permitted by right in the
Rural and Single-Family Residential zoning districts. However, It is permitted as of right in
the C-2 and C-3 commercial zoning districts (under the umbrella of hospital) or with
legislative approval of a Special Use Permit in any zoning district.

10.
The following items proposed in the text amendment cause the staff concern:


Staff has concerns with removing “long-term” from the definition of Group Home as
creating a transient residential facility would not be harmonious with a single-family
residential neighborhood. Staff does not have this same concern with multi-family
residential neighborhood which are a more mobile environment.

Staff has concern with changing the definition of Group Home to read, “A residence
shared as a primary dwelling” as opposed to “their” primary dwelling. A group of
persons cannot be living together as a single housekeeping unit in a family-like
environment if the dwelling is not the primary dwelling for each resident.

TA2018002
Page 7 of 7

With regard to zoning, staff of a group home are currently not counted in the number
of residents for a group home, but they are counted for purposes of building
occupancy.

The applicant is directing the Department to create a new process for group home
applications that do not fit within the current land use application under which group
homes are currently processed.

Staff does not believe it appropriate to treat different classes of Group Home residents
differently based upon classification, and has heard concerns of the County
Attorney’s Office with respect to this issue.

Staff is uncertain of the meaning and has concern with the term “unique care, training
and/or support needed by each individual” in the proposed definition of Group
Home.

Staff is concerned with the sentence “Without limitation, a person with addiction to
alcohol and/or illegal drugs, who is seeking to recover from such addiction and is not
using alcohol or illegal drugs, shall be considered to be a Person with a Disability.”
included in the proposed definition of Person with a Disability / Disabled Person. It
seems unnecessary verbiage. It may be more appropriate in a Departmental
Directive clarifying disability as per the federal Fair Housing Act.

Staff is concerned with the proposed language to be added to the dispersal /
separation distance, “Notwithstanding the foregoing, no dispersal/separation shall be
required where group homes are separated by a utility right-of-way at least 300 feet
in width, or by a freeway, or canal.” It does not apply a minimum width to freeway
or canal. The latter can be smaller landmarks with minimal impact on vehicular or
pedestrian circulation and presenting no boundary or obstacle. The language would
need to be more specific to ensure desired dispersal/separation. For instance, if a
group home is located north of I-10 from another group home south of I-10, the
proposed verbiage eliminates any separation requirement even east or west on the
north side of I-10.

Staff does not believe it necessary to have the same conditions apply to group homes
in Multi-Family Residential zoning districts that are applied in Rural and Single-Family
Residential zoning districts.

Recommendation:

11.
Staff agrees that revisions, such as updating the definition of “handicapped”, may be
needed to the MCZO. Due to the complex legal issues associated with the American with
Disabilities Act and the Federal Fair Housing Act, these revisions should be made through
a staff-driven text amendment process, after consultation with qualified experts and
county legal counsel. For that reason and for the reasons outlined in this report, staff
recommends the Commission motion for Denial of TA2018002.

Prepared by:
Darren V. Gerard, AICP, Planning Manager
Reviewed by:
Matthew Holm, AICP, Planning Supervisor

Attachments:
Applicant revisions dated 11/22/2019 (6 pages)

11/21/2019 ZIPPOR Packet, including Department Directive DD-2017003 (41 pages)