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June 10, 2020 TA2018002 Page 1 of 7 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: October 21, 2020 (Continued from June 10, 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 and June 2020 Board hearings. The Applicant has agreed to a further continuance to December 9, 2020, email attached. 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 June 10, 2020 TA2018002 Page 2 of 7 language per the “resultant wording” shown on the Applicant’s April 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 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: June 10, 2020 TA2018002 Page 3 of 7 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: 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. June 10, 2020 TA2018002 Page 4 of 7 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. Additional Comment: To reiterate, the Applicant has agreed to an additional continuance to the December 9, 2020 Board hearing. 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. 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.) June 10, 2020 TA2018002 Page 5 of 7 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: 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 T 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. June 10, 2020 TA2018002 Page 6 of 7 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. 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. June 10, 2020 TA2018002 Page 7 of 7 If such application is timely denied, the applicant may correct any deficiencies and resubmit same, subject to the review period set forth above. Presented by: Darren V. Gerard, AICP, Planning Services Manager Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachment: Email from Applicant agreeing to Continuance (1 page) Note: The following items are not attached but can be provided upon request: 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 Draft P&Z Minutes (26 pages) From: Rod Jarvis <rjarvis@EarlCurley.com> Sent: Friday, September 25, 2020 3:43 PM To: Darren V. Gérard (PND) <Darren.Gerard@Maricopa.Gov> Subject: Re: TA2018002 Yes, please—thanks, Darren Sent from my iPhone On Sep 25, 2020, at 1:58 PM, Darren V. Gérard (PND) <Darren.Gerard@maricopa.gov> wrote: Rod: there is a 12/9 BOS date, is this the date to which you would like to be continued? Darren V. Gérard, AICP Planning Services Manager Planning & Development 602‐506‐7139 Darren.Gerard@maricopa.gov [snip]