02-16-12 Regular, Public Hearing and Workshop Meeting of the Planning and Zoning Commission

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Staff Report, 2012 February 16 GROUP CARE FACILITIES Zoning Ordinance Amendments Public Hearing Background Group care facilities (aka group homes, community homes, residential personal care homes, living centers and assisted living centers) are a vital part of today’s society and the industry is growing rapidly.These facilities currently existwithin our City’s neighborhoods (including deed restricted areas) and the need for their registration and/or supervision by governing state agencies is based upon the number of residents they serve. Last year, following the receipt of allegations regarding “improper care of a family member”, Police Department personnel discovered the City has no existing regulations providing them with right of entry. At that time, they asked for Planning Department assistance in approaching City Council about potential zoning regulations to assist with these matters. In September 2011, Council directed Planning Department staff to forward the matter to the Commission for their review and recommendation. As discussed at the two workshops (October 20, 2011 & January 19, 2012) and a previous public hearing (November 17, 2011), current zoning Sect. 106-331, Table A identifies group care facilities [SIC Code #8361 –Residential Care] as “conditional” in a high-density residential (R- prohibits 3) zone and the facilities inboth low-density (R-1) and mid-density (R-2) zones. However, this prohibition can conflictwith Federal Fair Housing laws if otherwise legally permissible facilities are operated in residential areas, in many situations. The proposal before you is not intended to prohibit or deter the use of the property as a group home. In fact, the requirement would benefit the community’s public health, safety and welfare by providing city personnel right of entry (i.e. fire and building inspections to ensure safe habitability; police access to investigate public safety concerns) and obtaining critical facility information (i.e. maximum resident numbers, contact information, etc.). Commission comments from both previous meetings are included in the report/backup. Existing Requirements Sect. 106-1. Definitions. Group care facilitiesmeans residential facilities designed to provide a transition from traditional treatment facilities to normal daily living for special populations such as the mentally retarded, physically handicapped, or substance users. These facilities include but are not limited to half- way houses and group homes.