To: Members of the Planning Commission
From: Tammy King, Zoning Manager
Title
Group Homes
Body
________________________________________________________________________________
Executive Summary
Council and staff heard from residents requesting a code amendment to clarify the process for Group Homes to be allowed in neighborhoods, as well as the regulations of the type and the number of residents. The separation between homes will be updated to be in conformance with the State Statutes and clearly define how the separation is measured. Staff has prepared a new Chapter 17.62 in Title 17 to clarify the regulations on the types of Group Homes, the process for approval, and to ensure compliance to the State Statutes and Fair Housing Act.
Background
The code is in need of revision to clarify the process and regulations for each group home and to better align with the State and Federal regulations for housing of handicapped and disabled individuals. The proposed changes to the existing ordinance will provide for a more defined approach to allowing and regulating group homes in Castle Rock. The current code does not have performance standards as allowed by the state statutes and separation requirements exceed the allowed separation by State Statutes.
The Town’s 2030 Comprehensive Master Plan, Policy LU-2.3, states under the Goal of Community Service, “Enhance access to health and Human Services”. This section of the plan would support allowing Group Homes within communities where the overall character of the community would be compatible with Group Home development.
Discussion
Staff reviewed the current regulations and State statues and evaluated codes from other city, towns and county ordinances/regulations. These documents were used to help generate the proposed criteria and approval process outlined in the proposed ordinance.
Criteria is generally consistent with our neighboring jurisdictions and staff has incorporated various regulations that we believe provides reasonable, understandable and enforceable regulations related to Group Homes.
The proposed amendment will include the following:
• Add new Chapter 17.62 - Group Homes.
• Modified the definition of “Family” to eliminate any conflict and add a definition of “Disability”.
• Added a replacement definition of “Group Home” to allow for up to nine (9) residents as “principal permitted use” in all residential zone districts or Residential Planned Developments (PD).
• Added a definition of “Residential Group Facilities”, which is defined as any home that does not fall within the category of Group Homes as defined in the proposed Chapter 17.62.010. This type of facility will require the public hearing process Use by Special Review.
• Changed the separation requirement to seven hundred fifty feet (750’) measured at the property line to be in conformance with the State Statute.
• Added language to 17.01.020C to be in compliance with Fair Housing Act.
• Amend the residential Zones of R-1, R-1A, R-2, R-3 (Chapters 17.18.030; 17.20; 17.22; 17.24) to show Group Home as permitted use.
• Adding Use by Special Review (UBSR) process for Residential Group Facilities.
• Remove the Off-Street Parking Requirements from Chapter 17.54 and the Single Family parking requirements will be enforced.
Public Outreach
Town Council and Legal have received inquiries from Town residents to clarify the Group Home rules for the Town over the past three years. The Town hosted 2 open houses on the topic in February of 2016. Feedback from residents generally consisted of concerns for increase in traffic and disruption to neighborhoods
A copy of the draft ordinance was sent to all HOA/Management companies on record with the Town, internal Town Divisions, and Colorado Department of Public Health and Environment. Town staff has not received any comments by the drafting of this report.
Staff Findings
Staff finds that the proposed ordinance language for Group Homes provides clearer definitions, regulations and processes for applicants to follow regarding future Group Home facilities in Castle Rock. Staff further finds that this ordinance aligns with State and Federal regulations and provides reasonable, understandable and enforceable regulations to allow residential housing of handicapped and disabled individuals.
Staff Recommendation
Staff recommends that Planning Commission recommend approval of this ordinance to the Town Council.
Proposed Motion
I move to recommend that Town Council approve the Ordinance as introduced by Title.
Attachments
Attachment A: Proposed Language
Attachment B: Neighboring Jurisdictions Matrix