Discussion Regarding Land Development Code Amendments for Group Residential Uses

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Discussion Regarding Land Development Code Amendments for Group Residential Uses

  1. 1. Joint City Council and Planning and Zoning Commission Workshop Discussion Regarding Land Development Code Amendments for Group Residential Uses Jon M. Paladini Office Of The City Attorney
  2. 2. STATEMENT OF INTENT Office Of The City Attorney The City of Prescott desires to amend the Land Development Code (LDC) to address issues arising from a proliferation of Group Residential Uses in Single-family neighborhoods. The potential incompatible nature of certain Group Residential Uses, as well as adverse impacts on infrastructure, requires the City to assure appropriate criteria is in place for Group Residential Uses for the benefit of their residents and for the protection of the Single-family nature of neighborhoods from uses whose scale or intensity may approach those of commercial uses.
  3. 3. STATEMENT OF INTENT Office Of The City Attorney The City’s effort is focused on clearly defining Single- family and Single-family equivalent uses, providing for integration and reasonable accommodation of appropriately scaled Group Residential Uses in Single- family neighborhoods, and providing for appropriate means to accommodate non-Single-family equivalent Group Residential Uses in appropriately zoned areas of the City.
  4. 4. Office Of The City Attorney Goal To provide for adequate and appropriate districts allowing the presence of Group Residential Uses that are compatible with Single-family residences and adequate and appropriate districts allowing the presence of Group Residential Uses that are not compatible with Single-family residences.
  5. 5. Office Of The City Attorney Findings The Fair Housing Act (42 U.S.C. §3601) provides protections for persons with disabilities and provides that persons recovering from drug and alcohol addiction are deemed disabled. The State of Arizona has undertaken the licensing of certain types of recovery treatment facilities, necessitating the involvement of local jurisdictions in determining life safety code compliance of Group Residential Uses.
  6. 6. Office Of The City Attorney Findings The Fair Housing Act does not preclude the adoption, amendment or enforcement of regulations by the City of Prescott pursuant to its local police powers and zoning. Additional regulation of Group Residential Uses to meet state requirements necessitates the adoption or amendment of certain zoning definitions and zoning, building and fire regulations.
  7. 7. Office Of The City Attorney Findings Prescott is recognized throughout the state as having a disproportionate share of Group Residential Uses, many located in Single-family zoning districts. Single-family zoning districts in the City permit only Single-family residences, parks, playgrounds and necessary utilities.
  8. 8. Office Of The City Attorney Findings It is in the interest of public health, safety and welfare to establish specific criteria to be used to identify Group Residential Uses that are compatible to Single-family residences and Group Residential Uses that are not compatible to Single-family residences because of the commercial nature of some such uses. A Housekeeping Unit is the defining characteristic of a family as defined by the Land Development Code.
  9. 9. Office Of The City Attorney Findings Group Residential Uses similar or equivalent to a Housekeeping Unit are compatible with Single-family residences. Group Residential Uses not similar or equivalent to a Housekeeping Unit do not function as, and are not compatible with Single-family residences.
  10. 10. Legal Standards Office Of The City Attorney FHA prohibits discrimination in local governments' zoning and land use actions based on (among other categories) familial status, disability, or occupancy by low to middle income persons. It also prevents agencies from imposing different requirements on single-family or multifamily homes because of the familial status, disability, or income of the intended residents. Keith v. Volpe, 858 F.2d 467, 485 (9th Cir. 1987)
  11. 11. Legal Standards Office Of The City Attorney The courts have upheld regulations when they were convinced that the city's primary purpose was to prevent non-residential or commercial use in a residential area.
  12. 12. Family Size Office Of The City Attorney The Land Development Code currently defines Family as: “A. An individual, or 2 or more persons related by blood, marriage or adoption, including any live-in domestic help, living together as a single housekeeping unit, in a dwelling unit; or B. A group of not more than 8 persons who need not be related, living together as a single housekeeping unit in a dwelling unit.”
  13. 13. Family Size Office Of The City Attorney The proposed LDC definition of Family: One or more persons living together as a single housekeeping unit, in a dwelling unit
  14. 14. Housekeeping Unit Defined Office Of The City Attorney “Single Housekeeping Unit means any number of related, or up to six unrelated, persons living as the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities (e.g., meals, chores, household maintenance, expenses, etc.) and where, if the dwelling unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household is determined by the residents of the dwelling unit rather than the landlord or property manager.”
  15. 15. Single-family Residence Office Of The City Attorney • Any number of related persons • Disabled or not disabled • A family as defined by the LDC • Permitted in all residential zones • Permitted in commercial zones
  16. 16. Family Community Residence Office Of The City Attorney • 6 or fewer unrelated persons • Disabled or not disabled • A family (as defined in LDC) or is equivalent to a family • Permitted in all residential zones • Permitted in commercial zones
  17. 17. Transitional Community Residence Office Of The City Attorney • More than 6 unrelated persons • Disabled or not disabled • Not a family (as defined in LDC) and is not equivalent to a family • Not permitted in single-family zones • Requires a CUP in multifamily zones • Permitted in commercial zone
  18. 18. State Licensing Office Of The City Attorney • State licenses some of these facilities • City requirements apply regardless of state license • If state licensed – only state licensed services allowed • If not state licensed – no services that require a state license
  19. 19. Local Building/Fire Codes Office Of The City Attorney • All local Building and Fire Codes are applicable • If state licensed, local inspections are required • If state requires fire sprinklers, local permits and inspections are required • Facilities must meet ADA requirements
  20. 20. Office Of The City Attorney Operational Standards for Transitional Family Residences No smoking on the property where the secondhand smoke may affect neighboring properties Must provide City with the Operators 24/7 emergency contact number and post it on property
  21. 21. Office Of The City Attorney Operational Standards continued - Shall not provide any services to any person not residing on site. If licensed, the facility shall not provide any service on-site not covered by the license. If not licensed, the facility shall not provide any service that requires a license. Upon request, must provide location, name and type of any other Community Residences for the Disabled owned or operated within city limits of Prescott
  22. 22. Operational Standards continued - Office Of The City Attorney Upon request, must provide information about any facilities owned or operated within the State of Arizona that have been found to be in violation of state or local laws within the past 5 years
  23. 23. Reasonable Accommodations Office Of The City Attorney Code must allow Reasonable Accommodations per the Fair Housing Act The request can increase the residential occupancy in a Single-family zone to more than 6 persons provided all other Reasonable Accommodation criteria are met
  24. 24. Reasonable Accommodations Office Of The City Attorney The request cannot create a substantial detriment injurious to neighboring properties by creating traffic impacts, parking impacts, impacts on the water or sewer systems, or other similar adverse impacts The Accommodation may be granted for a limited period of time, if applicable
  25. 25. Use Table Group Residence Size Single- family Multifamil y Commercia l Single-family Residence 1 to 6 residents in a Housekeeping Unit P P P Family Community Residence 1 to 6 residents not in a Housekeeping Unit P P P Transitional Community Residence More than 6 residents not in a Housekeeping Unit -- C P The Reasonable Accommodation process can allow more than 6 residents provided they meet the Reasonable Accommodation criteria. Office Of The City Attorney
  26. 26. Conditional Use Permit Office Of The City Attorney 9.3.1 / Purpose Conditional uses are generally compatible or can be made compatible with other uses in the underlying zoning district. May be permitted on a conditional basis under which additional requirements must be met, including determination of adequate land area and site plan approval. Conditional uses require special consideration so that they may be properly located with respect to the objectives of the Code and their effect on surrounding properties.
  27. 27. Conditional Use Permit Office Of The City Attorney 9.3.2 / Applicability Conditional uses require individual review of their location, design, configuration, and intensity, and may require the imposition of additional conditions in order to ensure the appropriateness and compatibility of the use at a particular location.
  28. 28. Conditional Use Permit Office Of The City Attorney 9.3.3 F. Board of Adjustment Action The Board of Adjustment shall review Conditional Use Permit applications in a public meeting and thereafter vote to approve, approve with conditions, or deny the application.
  29. 29. Conditional Use Permit Office Of The City Attorney 9.3.5 / Conditional Use Review Criteria A. Effect on Environment Location, size, design, and operation characteristics of the use not detrimental to the health, welfare, and safety of the surrounding neighborhood. B. Compatible with Surrounding Area Site plan, circulation plan, and schematic architectural designs harmonious with the character of the surrounding area with respect to landscaping, scale, lot coverage, etc.
  30. 30. Conditional Use Permit Office Of The City Attorney 9.3.5 / Conditional Use Review Criteria (continued) C. External Impacts Minimized No negative impacts on existing uses in the area and in the City through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. D. Infrastructure Impacts Minimized No negative impacts on existing uses in the area and in the City on public infrastructure or public services, and the ability of existing infrastructure and services to adequately serve.
  31. 31. Conditional Use Permit Office Of The City Attorney 9.3.5 / Conditional Use Review Criteria (continued) E. Consistent with General Plan and Code Consistent with the purposes of this Code, the General Plan, Area Plans, and applicable statutes, ordinances or policies, and will support rather than interfere with the uses permitted outright in the zone in which it is located. F. Parcel Size Use may be required to have additional land area to ensure adequate mitigation of impacts on surrounding land uses and the affected zoning district.
  32. 32. Next StepsOffice Of The City Attorney Direct staff to draft ordinance language amending the Prescott Land Development Code consistent with today’s presentation. Draft ordinance would be reviewed by Planning & Zoning Commission who would make recommendation to City Council for final decision.

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