HomeMy WebLinkAboutMACALLISTER RESIDENTIAL GROUP HOME, 1214 CATALPA PL. - GROUP HOME REVIEW - 31-01 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSn.D & S +�f Bro vn,
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October 15, 2001
RE: Macallister Residential Group Home, #31a
We are the owners of Lot 72, 1203 Catalpa PI.,,
months. We would like the following concerns i
1_ i nis development has been marketed as an "i
have, it conveys a set of expectations which ij
Muse expectations. Knowledge of this home i
0 TT@R0TT
OCT 1 5 2001
are intending to build there within the next F . it
I and considered:
le" area. Irrespective of any connotation that may
i people W buy. A residential home is not part of
have negatively influenced our decision to buy.
2. We have heard all the concerns and responses. The reality is, as with most issues like this, after the
f= is :µen the real'yrobierns start. irrespecti a of any assurances and commitments, there is
absolutely no doubt that residents will have pn blems and issues with parking, etc_ This will
undoubtedly lead to discussions and disauee ts.
3. Our understanding is that the covenants profii it "for profit" businesses from operating in the area.
Again, irrespective of assurances, this is witho it doubt a for profit enterprise. We have even heard
that this is not actually defined as a business. I o our knowledge, provision of services for payment
is a business. We would like to hear unquivoc kl confirmation that this is not a registered business_
4. Whether it is fair or otherwise, such a home
re future sales, and property values. If, as we
been affected, then it is certain that others we
5. We also own another home in this area, and
are clearly not always abided by, or enforced.
covenants, etc., has been visibly decreasing. I
the Residential Home.
1, and Probably would, be viewed negatively
xl in 1. (above), our decision to buy would have
feel the same.
very much aware that covenants and "rules'
fact, over the last 12 months, compliance with
strongly believe that this will also happen with
& We have been given conflicting accounts of W les such as parking. These range from a statement
that all parking evill be in an extended drivewa_ to all parking will be iu the culdesac. Our latest
understanding is that the driveway will be a "rc gular" one, accommodating 3 cats. The narrow
frontages of the blocks in the cuidesac will ver, clearly make it difficult to park on the street
without blocking driveways.
7. We have considered, and still are considering,
perfectly legal and compliant with planning la
purchased with a specific set of expectations a
marketing effort must have been known to Cit.
Derck R.B. Brown
Sharon M. Brown
sible legal action. We understand that this issue is
We also strongly believe, however, that we
i were created by the realty company whose
A: Response from City: As long as they stay within the definition of a Group Home
for the elderly, the level of care provided to.those clients would not change their
status under the Zoning Code.
3. If the Macallisters sell the Group Home to another couple, would the status of the
Group Home be affected?
A: The land use status runs with the land, not the applicant. As long as the operation
is not discontinued for 12 consecutive months, the Group Home could be sold
without jeopardizing the legal status under the Zoning Code.
4. Our biggest concern is about proliferation and the impact on our property values.
A: We understand your concerns. The separation for another group home is a
minimum of 1,500 feet. Such another application would have to go through the
same City and State approval process including neighborhood information
meetings and a public hearing with the Planning and Zoning Board.
5. Our covenants could be interpreted as classifying your request as a "business"
which would not be allowed. Have you researched our covenants?
A: Yes and we believe that a Group Home is a residential land use. The people
residing in the Group Home are simply living, they are not conducting a business
operation or providing a service. We understand that the covenants are not an
issue with the City of Fort Collins planning approval process.
2
SECOND
NEIGHBORHOOD MEETING MINUTES
PROJECT: Macallister Group Home — 1214 Catalpa Court
DATE: August 24, 2001
APPLICANT: Mr. and Mrs. Doug and Pat Macallister
PLANNER: Ted Shepard, Chief Planner, Current Planning Department
PROJECT DESCRIPTION
The purpose of the second meeting is to offer the opportunity for additional citizen input.
The notification area for this meeting is increased based on the latest list of owners from
the Ponds Homeowners' Association. Minutes from the first neighborhood meeting are
available in both hard copy and on the City's web site.
The meeting began with a description of the proposed project. The residential group
home would be for six to eight elderly clients who need assistance in their daily living but
not in need of full care nursing. Pat Macallister is Certified Nurses Assistant who has
experience in working in a similar facility in Columbine Knolls near Littleton, Colorado.
The lot is presently vacant but the plans are to build a one-story ranch with a walk -out
basement on the lower level. The main level would have four bedrooms available to the
clients. The lower level would be the Macallister's private quarters. There would be one
part-time employee who would help out in the mornings.
Unless otherwise noted, all responses are from the applicants.
QUESTIONS, CONCERNS, COMMENTS
What are your long term plans? How long will you operate the Group Home?
A: We do not have a time -table. We plan on operating for the foreseeable future. I
suppose there may come a time when we may end the service but still continue to
live there.
2. What about greater degrees of care? What about offering greater levels of
medical attention. Does the status of the Group Home change if the level of care
escalates?
17. This particular Group Home sounds acceptable but my primary concern is how
we reconcile this request with our covenants. What is the City's position if we
research our covenants and find that such a Group Home would be a violation?
A: Response from City: The City can only enforce laws that are legislated by City
Council. The City cannot be a party to any legal action between two private
parties such as a Homeowner's Association and an individual lot owner. The
Planning Department will make a recommendation to the Planning and Zoning
Board based on the review criteria in the Land Use Code and not based on any
declarations or restrictions that may be in the private covenants.
18. We need to research our covenants and be consistent with what our bylaws allow
our H.O.A. to approve or not approve. We understand that if there is an issue
with our covenants, that the City is not a party and that the matter would be
between the H.O.A. and the Macallisters.
19. The required minimum distance for the mailing, 500 feet, did not include existing
residences who live further away. Therefore, a lot of people heard about this
meeting second hand without much notice. We should have second meeting with
a bigger mailing. Also, by the time of second meeting, the H.O.A. may have time
to research the covenants.
A: Response from City: We agree that a second meeting would be a good idea. The
Planning Department will accept the mailing list that is used by the H.O.A.
Further, I will try to put these minutes on the City's' web site and reference the
web address in the next notification letter so folks can be brought up to speed.
4
decision can only be made by the Planning and Zoning Board in a public hearing
with opportunities for citizen input.
9. I support assisted living for the elderly. This request seems reasonable.
10. Are you a non-profit agency?
A: No, we would operate on a for -profit basis.
11. You mentioned four bedrooms and that you could have up to eight clients which
means two clients per room. Wouldn't this be crowded?
A: We are allowed up to a maximum of eight because of our lot size but we have not
decided yet if we want to serve eight. We expect that some clients will want a
single room while others may be comfortable sharing a room. We don't know at
this point what the exact mix will be.
12. What experience do you have? Have you done this before?
A: Pat has been employed in a similar Group Home in Columbine Knolls, a
residential neighborhood in Jefferson County near Littleton. No, we have not
done this before on our own.
13. Who cooks and cleans?
A: We do. We will have one part-time employee who comes in during the mornings
to help everyone get going. We anticipate that this person will work
approximately from 7:00 to 9:00 a.m. but this person will also be available for
other periods as needed and not just limited to mornings. For Pat, this will be her
full-time occupation. Doug will remain in the construction business but help
administer the program and help provide a warm caring home for the clients.
14. What about our covenants?
A: We have read the covenants and believe we would be in compliance. We have
purchased the lot on that basis.
15. Would there be a bus or mini -bus parked in the neighborhood?
A: No, we would have a van that you would expect to see in any neighborhood. We
would not have a bus or mini -bus like you see for the larger assisted living
centers.
16. Would you provide respite care services?
A: No.
3
A: Response from City: No, there would be no change in the zoning of the
neighborhood. The request is for a Group Home Review. A Group Home is a
permitted use in the R-F, Foothills Residential zone district, subject to review by
the Planning and Zoning Board.
4. What is the definition of a Group Home?
A: According to the City of Fort Collins Land Use Code:
"(1) Residential group home shall mean a residence operated as a single dwelling,
licensed by or operated by a governmental agency, for the purpose of providing
special care or rehabilitation due to homelessness, physical condition or illness,
mental condition or illness, elderly age or social, behavioral or disciplinary
problems, provided that authorized supervisory personnel are present on the
premises."
5. I am concerned about the expectation of the residents who bought homes in the
Ponds at Overland Trail project. We were all aware that the First Filing contained
homes of certain price range, the Second Filing contained homes of a higher price
range and the Estate lots were to be upper end homes. How does a Group Home
fit in? Wouldn't a Group Home be considered a commercial use instead of a
residential use?
A: Response from City: A Group Home is considered a permitted use in the R-F
zone. Because the principal use of the structure is as a residence, the use is
consistent with residential zoning.
6. Will the clients drive?
A: No, they will not drive.
7. Do you expect visitors? Where will the visitors for six to eight clients park?
A: Yes, there will be visitors. Since we are planning on a three -car garage, our
driveway will be wide enough for three cars. Other visitors will be able to park
on the street.
8. I'm concerned about proliferation of Group Homes in the neighborhood. While
one Group Home may be acceptable, several may become an issue. What's to
prevent a bunch of Group Homes from ending up all in one neighborhood.
A: Response from City: The Land Use Code requires that in the R-F zone, Group
Homes must be a minimum distance of 1,500 feet from each other. Any Group
Home proposed in your neighborhood must go through the same process as the
McCallister request. There must be a neighborhood information meeting and the
2
NEIGHBORHOOD MEETING MINUTES
PROJECT: - Macallister Group Home — 1214 Catalpa Court
DATE: July 26, 2001
APPLICANT: Mr. and Mrs. Doug and Pat Macallister
PLANNER: Ted Shepard, Chief Planner, Current Planning Department
PROJECT DESCRIPTION
The meeting began with a description of the proposed project. The residential group
home would be for six to eight elderly clients who need assistance in their daily living but
not in need of full care nursing. Pat Macallister is Certified Nurses Assistant who has
experience in working in a similar facility in Columbine Knolls near Littleton, Colorado.
The lot is presently vacant but the plans are to build a one-story ranch with a walk -out
basement on the lower level. The main level would have four bedrooms available to the
clients. The lower level would be the Macallister's private quarters. There would be one
part-time employee who would help out in the mornings.
Unless otherwise noted, all responses are from the applicants.
QUESTIONS, CONCERNS, COMMENTS
Could you elaborate on the level of care you would be providing?
A: We would provide a level of assisted living for seniors who have just passed the
point of living independently but who do not need a nursing staff for day-to-day
living. We are a smaller, more intimate version of the large-scale assisted living
centers that you see around Fort Collins and other communities. While we do not
anticipate our clients to drive, they do have most their mental faculties. We
would not provide care for intermediate or advanced Alzheimers disease since we
would not be providing any lock -down facilities. As a C.N.A., I can dispense
prescription drugs.
2. Would you be licensed by the State?
A: Yes.
3. Does this request require a zone change? I am concerned about a change in our
residential zoning.
Division 3.8, Supplementary Regulations
Section 3.8.6(C)
allowed only after the decision maker has determined that the
barrier and resulting separation distance are adequate to protect
the city from any detrimental impacts resulting from an excessive
concentration of group homes in any one (1) vicinity.
(3) No permanent certificate of occupancy will be issued by the city
for a group home until the person applying for the group home
has submitted a valid license, or other appropriate authorization,
or copy thereof, from a governmental agency having jurisdiction.
(4) If active and continuous operations are not carried on in a group
home which was approved pursuant to the provisions contained in
this Section for a period of twelve (12) consecutive months, the
group home use shall be considered to have been abandoned. The
group home use can be reinstated only after obtaining a new
approval from the decision maker as outlined in this Section.
(Ord. No. 59, 2000 §24, 6/6/00)
Supp. 8 Article 3, Page 128-1
Division 3.8, Supplementary Regulations
Section 3.8.6(B)
a. the adjacent street system is sufficient to accommodate
the traffic impacts generated by the large group care
facility;
b. the large group care facility has made adequate, on -site
accommodations for its parking needs;
C. the architectural design of the large group care facility is
compatible with the character of the surrounding
neighborhood;
d. the size and scale of the large group care facility is
compatible with the character of the surrounding
neighborhood; and
e. the types of treatment activities or the rendering of
services proposed to be conducted upon the premises are
substantially consistent with the activities permitted in the
zone district in which the facility is proposed to be
located.
(C) With respect to group homes which require either a Type 1 or Type 2
review,: the following regulations shall apply:
(1) Before any group home shall be approved in any zone that
requires a Type 1 or Type 2 review, the decision maker shall
conduct such review for the purpose of approving, denying or
approving with conditions the application for a group home use in
such zone. If approved, the decision maker shall, with such
approval, establish the type of group home permitted and the
maximum number of residents allowed in such group home.
(2) A group home may be located without consideration to the mini-
mum separation requirements as established in subparagraph (A)
and (B) of this Section if the group home is separated from other
group homes within the area of the aforesaid minimum separation
requirement by a substantial natural or man-made physical
barrier, including, but not limited to, an arterial street, a state or
federal highway, railroad tracks, river or commercial/business
district. Such reduction in the separation requirement shall be
r
Article 3, Page 128
Supp. 8
Division 3.8, Supplementary Regulations
Section 3.8.6
3.8.6 Group Home Regulations
(A) Residential group homes shall conform to the lot area and separation
requirements specified in the following table:
Maximum
number of
Additional lot
Maximum
Minimum
residents
area or each
f
permissible
separation
Zone
excluding
additional
residents,
requirements
supervisors, for
resident
excluding
between any other
minimum lot
(square feet)
supervisors
group home
size
(feet)
U-E
3
2,000
8
1,500
R-L, N-C-L, H-C,
3
1,500
8
1,500
E, R-F
L-M-N, N-C-M,
6
750
8
1,000
R-D-R
N-C-B, D,C-N,
6
500
8
700
C-C-N, M-M-N,
N-C, C, C-C, C-L,
C-C-R
(B) Large group care facilities shall conform to the lot area and separation
requirements specified in the following table:
Maximum
number of
Additional lot
Maximum
Minimum
residents
area for each
permissible
separation
Zone
excluding
additional
residents,
requirements
supervisors, for
resident
excluding
between any other
minimum lot
(square feet)
supervisors
group home
size
(feet)
L-M-N, N-C-M,
6
750
15
1,000
R-D-R
N-C-B, D,C-N,
6
500
20*
700
C-C-N, M-M-N,
N-C, C, C-C, C-L,
C-C-R
* The decision maker may determine a higher maximum number of
residents to be allowed to occupy the facility upon finding that the
facility as so occupied will satisfy the following criteria:
Article 3, Page 127
Supp. 8
Division 5.1, Definitions
Section 5.1.2, Geologic
Geologic hazards shall mean unstable or potentially unstable slopes, faulting, landslides, J
rockfalls, flood, wildfire or similar naturally occurring dangerous features or soil
conditions or natural features unfavorable to development.
Grade shall mean the elevation of the centerline of the street at the center of the property
for the purpose of measuring signs.
Grocery store shall mean a retail establishment which primarily sells food, but also may
sell other convenience and household goods, and which occupies a space of at least five
thousand (5,000) square feet but not more than twenty-five thousand (25,000) square
feet.
Gross leasable area shall mean the total floor area designed for tenant occupancy and
exclusive use, including basements, mezzanines and upper floors, if any, expressed in
square feet measured from centerlines of joint partitions and exteriors of outside walls.
-� Group home shall mean either of the following:
(1) Residential group home shall mean a residence operated as a single
dwelling, licensed by or operated by a governmental agency, for the
purpose of providing special care or rehabilitation due to homelessness,
physical condition or illness, mental condition or illness, elderly age or
social, behavioral or disciplinary problems, provided that authorized
supervisory personnel are present on the premises.
(2) Large group care facility shall mean a residential facility that is planned,
organized, operated and maintained to offer facilities and services to a
specified population and is licensed by or operated by a governmental
agency, for the purpose of providing special care or rehabilitation due to
homelessness, physical condition or illness, mental condition or illness,
elderly age or social, behavioral or disciplinary problems, provided that
authorized supervisory personnel are present on the premises.
Hard goods shall mean bulky, durable goods such as household appliances, furniture,
automobiles and farm and construction equipment, which all require extensive floor area
for display.
Hazardous materials shall mean those chemicals or substances which are physical or
health hazards as defined and classified in the Fire and Building Codes. Hazardous
materials categories include explosives and blasting agents, compressed gases,
flammable and combustible liquids, flammable solids, organic peroxides, oxidizers,
pyrophoric materials, unstable (reactive) materials, water -reactive solids and liquids,
Article 5, Page 18
Supp. 8
Thursday, August 23, 2001
Chairman & Members of the Board of Planning & Zoning
for the City of Fort Collins
P. O Box 580
Fort Collins, CO 80522
Re: Proposed group home for be located on Lot 69,
The Ponds at Overland Trail, 2nd Filing
Dear Chairman & Members of the Board of Planning & Zoning:
1 gg� TrL
AUG 2 3 2001
Our desires and intentions are the following: To build a four bedroom ranch house,
single family dwelling, to be our home. To make our home available to six to eight elderly
persons, room and board and personal services, protective oversight, and social care, due to
impaired capacity to live independently. All of the expected residents of our home will be there,
not just because of age, but because each suffers from one or more disabilities or impairments
which have resulted in their inability to take care of themselves. Examples of the impairments
might include one or more of the following: caring for one's self, performing manual tasks,
walking, seeing, speaking, breathing, and learning. Because of these impairments, we believe
each resident meets the definition of a person with a handicap under the Federal Fair Housing
Act and a person with a disability under the Colorado Fair Housing Act. We will be providing,
daily care to these areas such as bathing, dressing, activities, social care, meals, laundry,
cleaning, etc.
This home will be licensed by the State of Colorado and will abide by the rules and
regulations for personal care boarding homes under the definition of Chapter VII of the Rules
and Regulations for Personal Care Boarding Homes. .
It is truly our desire to bring honor and dignity to our elderly people who are not yet in
need of extensive 24 hour nursing care but who need assistance in their daily lives because of
their impairment to live independently. We believe a quality of life can be achieved in this
smaller home setting with a family environment which we desire to provide for the elderly
people with handicaps.
We ask that you approve our application in keeping with the intention of the Federal and
Colorado Fair Housing Acts that the application of zoning ordinances reasonable accommodate
people with disabilities so that they can live in a residential neighborhood.
/Sincerely,
; 41
Douglas P. & Patricia Macallister
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VICINITY MAP
#31-01 Macallister Group Home
1214 Catalpa Place
Type II (LUC)
08/30/01
1"=600'
Macallister Residential Group Home, #31-01
October 18, 2001 P & Z Hearing
Page 4
5. Findings of Fact/Conclusion:
E. Residential group homes are allowed as a Type Two review in the R-F,
Foothills Residential zone district.
F. The lot size allows eight clients, the maximum number permitted in the R-
F zone.
G. There is no other group home within 1,500 feet of the lot.
H. Two neighborhood meetings have been held providing an opportunity for
input from surrounding property owners.
RECOMMENDATION:
Staff recommends approval of Macallister Residential Group Home, #31-01. The
Group Home is specifically approved for up to eight elderly clients for the
purpose of assisted living.
Macallister Residential Group Home, #31-01
October 18, 2001 P & Z Hearing
Page 3
The minimum lot size in an R-F Cluster development is equal to the minimum lot
size in the R-L zone. This minimum is 6,000 square feet. The required minimum
lot size for a total of eight clients would be 13,500 square feet. Since the lot area
is 17,072 square feet, there is sufficient area for the five additional clients.
B. Minimum Separation Requirements Between Any Other Group Home
Article Three requires group homes in the R-F zone to be separated from any
other group home by a minimum of 1,500 feet (measured by a straight line).
There are no other group homes within the specified distance.
4. Neighborhood Compatibility:
Two neighborhood meetings were held. Minutes to both meetings are attached.
Briefly, the main issues, and their resolution, are summarized as follows:
A. There is a concern that the applicant may receive an approval for assisted
living for senior citizens but that other undesirable clients could be
substituted without any prior review.
In response, the Code states that the approval for Group Home is specific as to
the number and type of clients. If a different client base would be served, such
request must be brought back to the Board.
B. There is a concern about the potential proliferation of Group Homes in the
neighborhood.
In response, the Code provides a minimum separation of 1,500 feet from any
other Group Home in the R-F zone. This is the greatest distance allowed in the
Code. For example, in other zone districts, the minimum separation is 1,000 feet
and in other districts, only 700 feet. Any future Group Home in the Ponds at
Overland Trail would have to comply with the minimum separation distance of
1,500, but not any greater.
C. There is a concern that a residential group home may not be allowed by
the private covenants that govern the subdivision.
In response, the City is not a party to these covenants. Only the rules
established by the Land Use Code are used to review the request.
Macallister Residential Group Home, #31-01
October 18, 2001 P & Z Hearing
Page 2
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: R-F; Vacant (Lot 70, Ponds at Overland Trail, Second Filing)
S: R-F; Vacant (Lot 68, Ponds at Overland Trail, Second Filing)
E: R-F; Vacant (Tract D and Lot 67, Ponds at Overland Trail, Second Filing)
W: R-F; Vacant (Lots 72 and 73 Ponds at Overland Trail, Second Filing)
The lot is part of a larger parcel that was annexed in September of 1994. The
overall Ponds at Overland Trail — R-F Cluster Plan was approved June of 1995.
The First Filing Subdivision was approved in November of 1995. The Second
Filing Subdivision was approved in July of 1999.
2. Article Four — Foothills Residential Zone:
Group homes are permitted in the R-F zone as Type Two (Planning and Zoning
Board) review. There are no specific development standards in this zone district
that are pertinent to group homes.
It must be noted, however, that a cluster development plan in the R-F zone is
required to comply with the minimum lot area, minimum lot width, minimum
setbacks and maximum building height as found in the R-L, Low Density
Residential zone district. The Ponds at Overland Trail complies with these
requirements.
3. Article Three — General Development Standards:
The applicable standards for group homes are found in Section 3.8.6.
A. Maximum Number of Residents, Excluding Supervisors
Residential group homes in the R-F zone, for the minimum lot size, are limited to
a maximum of three clients. If the lot has sufficient land area, a maximum of
eight clients is allowed as long as there is a minimum of 1,500 square feet of
additional lot area per client.
ITEM NO. 4
MEETING DATE 10/18/01
i STAFF Ted Shepard
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Macallister Residential Group Home, #31-01
APPLICANT: Mr. and Mrs. Doug and Pat Macallister
7766 West Ottawa Drive
Littleton, CO 80128
OWNER: Same
PROJECT DESCRIPTION:
This is a request for an assisted living residential group home for six to eight
elderly clients located at 1214 Catalpa Place in the Ponds at Overland Trail,
Second Filing. The lot is 17,072 square feet and is presently vacant. The entire
subdivision is zoned R-F, Foothills Residential.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
A. Residential group homes are allowed as a Type Two review in the R-F,
Foothills Residential zone district.
B. The lot size allows eight clients, the maximum number permitted in the R-
F zone.
C. There is no other group home within 1,500 feet of the lot.
D. Two neighborhood meetings have been held providing an opportunity for
input from surrounding property owners.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT