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ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: f. ASML parking for the ereupi — shall be on site. ncy of a Group Home, the owner, or. TA2018002 Page 2 of 6 ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following purposes: ‘ Group homes for not more than ten persons, subject to the following , for the use, proof of © the Department of established. c. Resident _staff, if any, are not included with the ten-resident limitation. TA2018002 Page 3 of 6 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: 5 Group homes for not more than ten persons subject to the following performance criteria: a. 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. b. Resident_staff, if any, are not included with the ten-resident limitation. [oak If staff are not in residence, at least one staff member shall be on duty at the group home at all times. d. There shall be no sign or other exterior indication of a group home visible from any public street. e. All parking for the Group Home shall be on site. al Prior to occupancy of a Group Home, the owner, or owner's representative, shall submit an application for zoning certification, ona form provided by Maricopa County, accompanied by: a site 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: TA2018002 Page 4 of 6 Public " Changing the requirement in the “Group Home” Definition for length of required stay from long-term (interpreted as a minimum of one year) to a minimum of 30 days. " Removing the definition of “Handicapped” and adding a definition of “Person with a Disability (Disabled Person)”. " 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 freeway. " Allowing for adjudicated residents to reside in a Group Home. Participation: 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 also discussed at the May 30, 2019 ZIPPOR Meeting. In addition to the two stakeholder workshops and ZIPPOR Meeting, to date staff has received seven letters of opposition and/or suggested edits to 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. " 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. (The current ordinance language is more restrictive). ° Originally the proposal changed the definition of “Group Home” to include “treatment.” However, in the latest draft the word “treatment” has been removed. Staff Analysis: 5. The Maricopa County Zoning Ordinance defines “family” to include a household of five or fewer persons. Therefore, there are no requirements associated with a group home of five or fewer residents in any zoning district; including length of stay requirement. In addition, treatment can be provided to residents of a group home with five or fewer people. Group homes of 10 or fewer people are allowed by right in any zoning district provided that there is no treatment on-site and residents are living in a long-term, family- like environment, and meet the dispersal requirement. The Department has determined that “long term” as used in the MCZO means one year 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, TA2018002 Page 5 of 6 10. 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 district. 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. 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 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. The following items proposed in the text amendment cause the staff concern: " Staff has concerns with removing the prohibition disallowing adjudicated persons from residing in group homes as of right in all residential and rural zoning districts. " Staff has concerns with replacing the term “long-term” with “a minimum of 30 days.” " Staff of a group home are currently not counted in the number of residents for a group home. . The applicant is directing planning and development staff 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. . New (highlighted in yellow) language places regulatory enforcement with a non- governmental agency. This matter was scheduled for discussion at the August 224 ZIPPOR but that meeting was cancelled. The discussion was carried forward to the November 21% ZIPPOR. No new information has been provided. The applicant has not provided staff with any new materials since the July 25!» Commission hearing. 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. Reviewed by: Darren V. Gerard, AICP, Planning Manager Attachments: Department Directive DD-2017-03 (2 pages) 5/30/2019 ZIPPOR Packet (33 pages) TA2018002 Page 6 of 6 Maricopa County Planning & Development Department Department Directive PURPOSE: To ensure consistent treatment of zoning entitlement and construction Department Directive: DD-2017-03 permitting for group homes / group care facilities. REFERENCE: Arizona Revised Statutes, § 36-582A Supersedes: DD-2015-05, DD-2014-02 & DD-2006-02 Effective: 8/14/17 Maricopa County Zoning Ordinance (MCZO), Articles 501.2.4, 601.2.3, 702.2.5, 804.2.22, 1301.1.8; Maricopa County Local Additions and Addenda Initiator: Darren Gerard - DG POLICY/PROCEDURE: Director: Carol Johnson - CJ The following types of group homes / group care facilities are permitted in unincorporated Maricopa County: [Refer to the Maricopa County Zoning Ordinance.] A Residential Facility serving six or fewer persons with the development disabilities of autism, cerebral palsy, epilepsy or cognitive disability (antiquated ordinance language reads “mental retardation”) is considered the same as a Single-Family Residence per ARS § 36-582A. Such facility shall be permitted as a primary use in the Rural and Single-Family Residential zoning districts. A Group Home serves ten or fewer minors/children, disabled (antiquated ordinance language reads “handicapped”) or elderly persons living together as a single housekeeping unit in a long term (at least one year), family-like environment in which staff persons provide on-site care for the residents. Such facility shall be permitted as a primary use in the Rural (MCZO, Art. 501.2.4), Single-Family Residential (MCZO, Art. 601.2.3) and Multi-Family Residential (MCZO, Art. 702.2.5) zoning districts with administrative approval of a Group Home Permit, a Land Use (LU) application. The patient residents must be non- adjudicated (meaning not actively on parole or probation and ordered by a Court to reside at an address). Elderly shall be considered to refer to patient residents of at least 55 years of age. Handicapped is defined in the MCZO, Chapter 2. For further clarification of “handicapped” the Department will refer to the meaning of “disabled” as set forth in the federal Fair Housing Act which speaks to a person being disabled if s/he has a physical or mental impairment that substantially limits one or more major life activities. To be substantially limited, the impairment must prevent or severely restrict the person from activities that are centrally important to most people’s lives, and it must be long term (at least one year). © A Group Care Facility serves any other class of voluntary or court adjudicated residents, or more than ten minors/children, disabled (antiquated ordinance language reads “handicapped”) or elderly residents (MCZO, Art. 1301.1.8). These may be permitted in any zoning district with legislative approval of a Special Use Permit (SUP). These facilities are also permitted in the C-2 & C-3 commercial zoning districts where hospitals are permitted with administrative approval of a Plan of Development. Separate from the above types of zoning entitlement for group homes / group care facilities there is a required occupancy load for building construction: [Refer to the Maricopa County Local Additions and Addenda.] ¢ R3occupancy for 5 or fewer persons including patients, caretakers, residents, etc. e R4occupancy for 6 — 10 persons including patients, caretakers, residents, etc. e Institution occupancy is for 11 or more persons including patients, caretakers, residents, etc. It is important to note that zoning entitlement may be approved for a facility to have a certain number of patient residents which is consistent with State licensing, but the building occupancy load will be for a greater number of persons based upon caregivers and other persons who may be residing/occupying the building. Any building to be permitted as a group home / group care facility with more than eleven (11) bedrooms must meet Institution occupancy requirements. Additional off-street parking may be required. Any group home / group care facility for ten or fewer patient residents and with ten or fewer bedrooms shall only be required to provide two (2) off-street parking spaces, the same as for a single-family residence. Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: TA2018002 — Group Homes Meeting Date: May 30, 2019 (ZIPPOR) 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. Support/Opposition: Seven letters of opposition/suggested changes to the proposed text. Recommendation: N/A — Application is applicant driven, ZIPPOR meeting is for discussion purposes only. Staff will provide a recommendation with the staff report for the Planning and Zoning Commission hearing. Proposed Text Amendment: 1 This item is being processed through the County's Enhanced Regulatory Outreach Program (EROP). The proposed added language is underscored, and deleted language is struck-through. Changes from the 4/12/19 Stakeholder Workshop are highlighted in yellow: SECTION 201. DEFINITIONS Group Home A dwelling unit shared as their primary residence, for a minimum of 30 days, by no more than ten minors, Randicapped-or elderly persons, or persons with a disability, who live together Ming together as a single housekeeping unit, in etongt+ennfamit-tike an environment in which staff persons provide on-site the unique care, training, freatment or support ferthe needed = each individual residents. Without limitation and by way of example, such care, training, and/or support may include individual or group sessions with a therapist or counselor for persons with disability seeking recovery ta alcohel or other drug alii, Se eee roe eee TA2018002 Page 1 of 5 AIVGEE TNs ‘Gp RecuDarictts.deutcing egpreneesine beseesdsenly Yontns iifeting purposes: TA2018002 Page 2 of 5 ARTICLE 601.2. USE REGULATIONS: A building or premises shall be used only for the following 3. Group homes for not more than ten persons, subject to the following siesilaniean criteria: initafon. id. If I shaft are mae in residence, at least one staff member shall be on visib > ‘from any Buble: treet. or the Grou Home shal be on sie. ' ARTICLE 702.2. Use Regulations: A building or premises shall be used only for the following purposes: 5. Group homes for not more than ten persons subject to the following » criteria: TA2018002 Page 3 of 5 Discussion: 2. a. 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. b: Resident_staff, if any, are not included with the ten-resident limitation. ce If staff_are not in residence, at least one staff member shall be on duty at the group home at all times. d. There shall be no sign or other exterior indication of a group home visible from any public street. e. All parking for the Group Home shall be on site. f. Prior to occupancy of a Group Home, the owner, or owner's representative, shall submit an application for zoning certification, ona form provided by Maricopa County, accompanied by: a site 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. 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. Major Ordinance changes proposed include: Changing the “Group Home" Definition from long-term (interpreted as a minimum of one year) to a minimum of 30 days. ; Removing the definition of “Handicapped” and adding a definition of “Person with a Disability (Disabled Person)”. Changing the dispersal requirement to not include a minimum separation distance when seperated by a utility right-of-way of at least 300’ or by a freeway. Allowing for adjudicated residents. , In addition to the two stakeholder workshops, to date staff has received seven letters of opposition and/or suggested edits to 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. 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. (The current ordinance language is more restrictive). TA2018002 Page 4 of 5 . The definition of “Group Home" including treatment. fo) However, in the latest draft the word “treatment” has been removed. Because this is an applicant driven proposal it is their right to consider or not consider the suggested changes. Next Steps: 5. The tentative Commission hearing for recommendation to the BOS is scheduled for July 25, 2019. Staff will make a recommendation once all of the commenis/participation are received and analyzed. Prepared by: Jaclyn Sarnowski, Planner Reviewed by: Darren V. Gerard, AICP, Planning Manager Attachments: Comments received to date (12 pages) 4/12/19 EROP Stakeholder Meeting Sign-In Sheet (1 page) 1/25/19 EROP Stakeholder Meeting Sign-in Sheet (1 page) 12/3/18 EROP Step One Approval with Application Materials (14 pages) TA2018002 Page 5 of 5 Jaclyn Sarnowski (PND) __ _ From: Caitlin Brady - MCDOTX <CaitlinBrady@mail.maricopa.gov> Sent: Wednesday, May 15, 2019 12:59 PM To: Jaclyn Sarnowski (PND); Darren V. Gérard (PND) Subject: FW: Online Form Submittal: Citizen Comments From: noreply@civicplus.com [mailto:noreply@civicplus.com] Sent: Wednesday, May 15, 2019 12:57 PM To: Regulatory <regulations@mail.maricopa.gov> Subject: Online Form Submittal: Citizen Comments Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Numbet/Rule Department I woul like to First Name Last Name Organization TA2018002 - Group Homes Planning and Development Other Alan Muller NRDHCA-Planning & Zoning Committee City New River Zip 85087 Email Alan@NRDHCA.com Phone Number 602-432-2800 Phone Type Mobile Would you like someone Yes to contact you? Comments In order to verify that licensure is current please consider inserting verbiage relating to annual confirmation of State 1 compliance. (Referenced: 501.2.2.B & G 601.2.3.B&G 702.2.5.A & F) If applicable, attach Field not completed. supporting documentation associated with your comment. Email not displaying correctly? View it in your browser. RHA ARIZONA RECOVERY HOUSING ASSOCIATION April 18, 2019 Jaclyn Sarnowski Maricopa County Planning and Development Department 501. N. 44" Street Phoenix, Arizona 85008 Dear Jaclyn, The Arizona Recovery Housing Association (AzRHA) Is In receipt of the proposed Text Amendment and recommend the following edits or clarifying points: 1. Definition of disability — Include reference to Americans with Disabilities Act (ADA) and Federal Falr Housing Act (FFHA) in the definition. 2. Spacing requirement of 1320 feet. a. Justification of spacing requirement: In order to justify that the 1,320 feet Is reasonable and not excessive, provide the average block size In Maricopa County, Challenges to spacing requirement will result if the average block size Is less than the requirement of 1,320 feet. b, Strongly recommend outlining a reasonable accommodation pathway as to not run afoul of FFHA when a group home Is within 1320 feet of another group home understanding that normalization and integration Into the community can still be achieved. 3. Reference to staff on property at all times. This ls excessive and should be modified, 4. Reference to parking. Parking requirement should reflect that of a single-family residence. Thank you again for allowing AzRHA to be a part of the discussion and solution. If you have any questions, please feel free to call Duane Mantey at 602.421.8066 or Jeff Taylor at 602.525.3555 Sincerely, Michelle Siwe AzRHA Representative New River/Desert Hills Community Association, Inc. PO Box 75068 New River, AZ 85087-1000 Website: www.NRDHCA.ORG https://www.facebook.com/NRDHCA NEW RIVER/ DESERT HILLS April 12, 2019 Jaclyn Sarnowski, Planner Maricopa County Planning and Development 501 North 44th Street Phoenix, AZ 85008 RE: TA2018002 Group Homes Dear Jaclyn, The New River/Desert Hills Community Association (NR/DHCA) board has a quorum for the following recommendation: © CHAPTER 2 - ARTICLE 201 DEFINITIONS — revise to the following; it includes removal of the term “treatment” A dwelling unit shared for a minimum of 30 days, by no more than ten minors, elderly persons, or persons witha disability, who live together as a single housekeeping unit, in a residential neighborhood with a stable family environment in which staff provide on-site the unique care, training, or support needed by each individual resident. e ARTICLE 501.2.4.a and ARTICLE 601.2.3.a Delete: “arterial streets, railroads” in ARTICLE 501.2.4.a. . since they provide little separation. e ARTICLE 501.2.4.d and Article 601.2.3.d USE REGULATION - Change to “At least one staff member shall be on duty at the group home at all times” Question: Will this need to also address ARS 36-897.02 which says that at least two adults shall be present when minors are present as part of the group home? We like that the TA says that “All parking for the Group Home shall be on site.” We trust that this is sufficient to keep parking off the street and that the current parking regulations will provide sufficient guidance on the quantity of parking spaces provided on site. Regards, Ann Hutchinson Community Liaison New River - Desert Hills Community Association From: = To: Jaclyn Sarnowski (PND); Darren V. Gérard (PND); Derek Scheerer (PND) Subject: FW: Online Form Submittal: Citizen Comments Date: Thursday, April 4, 2019 10:00:18 AM From: noreply@civicplus.com [mailto:noreply@civicplus.com] Sent: Thursday, April 4, 2019 9:59 AM To: Regulatory <regulations@mail.maricopa.gov> Subject: Online Form Submittal: Citizen Comments Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Number/Rule Department I would like to First Name Last Name Organization City Zip Email Phone Number Phone Type Would you like someone to contact you? Comments If applicable, attach TA2018002 - Group Homes Planning and Development Express support Jose Macias City of El Mirage, Arizona El Mirage 85335 623-876-2996 Work Yes We support the 1,320 feet separation of distance to preserve the common wellbeing of the neighborhood. Field not completed. supporting documentation associated with your comment. Email not displaying correctly? View it in your browser, From: To: Subject: Date: Caitlin Brady - MCDOTX Jaclyn Sarnowski; DARREN GERARD; Derek Scheerer FW: Online Form Submittal: Citizen Comments Monday, February 11, 2019 1:03:44 PM Groups Homes comment From: noreply@civicplus.com [mailto:noreply@civicplus.com] Sent: Monday, February 11, 2019 12:35 PM To: Regulatory <regulations@mail.maricopa.gov> Subject: Online Form Submittal: Citizen Comments Citizen Comments Each Regulatory Department is committed to providing opportunities for stakeholder input regarding the adoption and amendment of all regulatory requirements. Your input will be collected and forwarded to the appropriate department. You will receive a written response from the applicable department within two business days. We appreciate your comments and your time. Case Number/Rule Department I would like to First Name Last Name Organization City Zip Email Phone Number Phone Type Would you like someone to contact you? Comments TA2018002 - Group Homes Planning and Development Other Catherine Lorbeer Town of Gilbert Planning Services Gilbert 85296 her! pearl 4805036016 Work Yes With regards to the draft definition of "Group Home", the addition of the word "treatment" does raise concerns because it would allow activities that would be defined in Gilbert under "Medical Offices and Clinics", which are not allowed in residential zoning districts. So we would not want such activities occurring on County islands. Please remove the word "treatment". Please provide updates as the proposed amendments move forward in the process. Thank you. If applicable, attach Field not completed. supporting documentation associated with your comment. Email not displaying correctly? View it in your browser.