03-12-12 Regular Meeting of La Porte City Council

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REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested March 12, 2012 Source of Funds: Requested By:D. Wilmore Account Number: Department:Planning Amount Budgeted: Report: XResolution:Ordinance: Amount Requested: Exhibits: P & Z Recommendation Letter Budgeted Item:YESNO Exhibits: Existing Requirements & Proposed Amendments SUMMARY & RECOMMENDATION 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 licensing and/or supervision by governing state agencies is based upon the number of residents served. Current zoning Sect. 106-331, Table A identifies group care facilities [SIC Code #8361 – prohibits Residential Care] as “conditional” in a high-density residential (R-3) zone and the facilities in both 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. In September 2011, Council directed Planning Department staff to forward the matter to the Planning & Zoning Commission (P&Z) for their review and recommendation.P&Z received public input and discussed the proposed regulations at two workshops (October 20, 2011 & January 19, 2012) and two public hearings(November 17, 2011& February 16, 2012).The Commission, by a vote of 7-1 (one member absent), recommended approval of the proposed amendments. Their recommendation letter is included with this submittal. The proposal is not intended to prohibit or deter the use of property for group care facilities. In fact, the proposed changes 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 in some situations) and obtaining critical facility information (i.e. maximum resident numbers, contact information, etc.). Staff’s report includes existing regulations, staff’s proposed amendments (highlighted in yellow) and P&Z’s comments/changes (highlighted in aqua).Major proposed changes include: Amend regulations to eliminate conflict with federal fair housing laws Amend family and group care facilities definitions