Loading...
HomeMy WebLinkAbout4406 SENECA ST. GROUP HOME - PDP - PDP170024 - MINUTES/NOTES - CITY STAFFlive independently, and regular supervision that shall be available on a twenty four-hour basis, but not to the extent that regular twenty-four hour medical or nursing care is required. 102(6)(b) A residential treatment facility for the mentally ill which is on assisted living residence similar to the definition under Section 1.102 (6)(a), except that the facility is operated and maintained for no more than sixteen (16) mentally ill individuals who are not related to the licensee and are provided treatment commensurate to the individuals' psychiatric needs which has received program approval from the Department of Human Services. 102(6)(c) The term "assisted living residence" does not include: (i) Any facility licensed in this state by the Department of Human Services as a residential core facility for individuals with developmental disabilities pursuant to Section 27-10.5- 101, C.R.S., et seq.; or (ii) Any individual residential support services for individuals with developmental disabilities provided in accordance with Section 27-10.5-101, C.R.S., et seq., unless specifically authorized to be an assisted living residence by the Deportment of Human Services. Community Residential Home for Persons with Developmental Disabilities — a group living facility accommodating at least four but no more than eight adults, licensed by the state, where services and supports are provided to persons with developmental disabilities. Developmental Disability — a disability that is manifested before the person reaches twenty-two years of age, which constitutes a substantial disability to the affected individual, and is attributable to mental retardation or related conditions which include cerebral palsy, epilepsy, autism, or other neurological conditions when such conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with mental retardation. A facility for persons with developmental disabilities — shall be licensed as either an Intermediate Care Facility for Persons with Developmental Disabilities or a Community Residential Nome for Persons with Developmental Disabilities, depending upon the size of the facility and the services offered. Other Resources City Plan: http://www.fcgov.com/planfortcollins/ Development Review Process: http://www.fcgov.com/drg/`introduction.php Citizen's Role in Development Review: http://www.fcgov.com/developmentreview/citizenreview.php include them in residential zone districts (including single-family) if they contain eight or fewer persons and if they fall into one of the following categories: 1. State -licensed group homes for developmentally disabled persons together with appropriate staff persons. "Developmentally disabled" means persons having "cerebral palsy, multiple sclerosis, mental retardation, autism, and epilepsy." 2. A state -licensed group home for mentally ill persons as defined by C. R.S. § 27-10-102. Such persons must be pre-screened by a mental health professional and such persons cannot have been previously convicted of a felony involving a violent crime, or have been found guilty by reason of insanity. 3. An owner -occupied or nonprofit group home for the exclusive use of not more than eight persons who are sixty years of age and older. Although local governments cannot exclude these group homes from single-family or any other residential zone districts, they are authorized to adopt regulations that address the compatibility of the group homes with the residential character of neighborhoods. State law also expressly requires the spacing of elderly group homes and mentally ill group homes at a distance of 750 feet from another group home of the some type unless the municipality or county establishes a different spacing requirement. This requirement does not apply to group homes for developmentally disabled. The intent of this statute is to assist group homes for the elderly and the disabled in finding locations in residential communities and to increase the opportunities for integration of these homes in residential communities. Because the explicit intent of the statutory program is to encourage the establishment of group homes within residential communities, the proper interpretation of this spacing requirement is to permit local governments to place such homes closer to each other than 750 feet. It is not the intent of the statute to permit local governments to set larger spacing restrictions upon group homes. Although state law permits spacing of group homes, this spacing requirement may potentially conflict with the federal court decisions (introduced in the prior edition of this newsletter) that hold that spacing requirements are discriminatory and violate the Fair Housing Amendments Act. Virtually all persons living within a state -defined group home (developmentally disabled, mentally ill, and most elderly persons) will fall within the federal definition of "handicapped person. "Such persons possess a physical or mental impairment that "substantially limits one or more of such person's major life activities." As a result, the state laws governing group homes may be preempted or at least somewhat superfluous where the state laws conflict or violate the federal act. The state also defines various types of Group Homes. The 4406 Seneca St. homes would be considered an "Assisted living residence": "Assisted living residence" means any of the following: 102(6)(a) A residential facility that makes available to three or more adults not related to the owner of such facility, either directly or indirectly through a resident agreement with the resident, room and board and at least the following services: personal services, protective oversight, social care due to impaired capacity to to provide twenty -four-hour per day nursing services under the direction of a registered professional nurse employed full time. Day shelters are facilities that provide temporary daytime shelter and/or food and which may also provide personal care, social or counseling services to indigent, homeless or transient persons, provided that such a facility contains a private, outdoor nonpublic space. Extra occupancy rental house shall mean a building or portion of which is used to accommodate, for compensation, four (4) or more tenants, boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other things of value. Family -care home shall mean a facility for child care in a place of residence of a family or person for the purpose of providing family care and training for a child under the age of sixteen (16) years who is not related to the occupants of such home, or a facility in a place of residence of a family or person for the purposes of providing elderly day care. The three (3) categories of family -care homes are defined as follows: (1)Day care home shall mean a facility licensed by the State of Colorado that provides on a regular basis in a place of residence, less than twenty -four-hour care for two (2) or more children from different family households who are not related to the caregiver. Such a facility may be any of the following three (3) types of family care homes as defined by the State of Colorado: family child care home, infant/toddler home or experienced family child care provider home. (2) Family foster home shall mean a facility providing care and training for a child or children not related to the caretaker for regular twenty -four-hour care, provided that such child or children are received from any state -operated institution for child care or from any child placement agency as defined in Section 26-6-102(2), C.R.S. (3) Elderly day care home shall mean a home in a place of residence of a family or person for the daytime care, protection and supervision of persons of at least sixty (60) years of age, who are not related to the caretakers, for more than two (2) full days per week. Shelters for victims of domestic violence shall mean a residential facility operating twenty-four (24) hours per day and seven (7) days per week, the purpose of which facility is to receive, house, counsel and otherwise serve victims of domestic violence, as that term is defined in Section 18-6- 800.3, C.R.S. and their dependents. Such facility may also include day care, professional, administrative and security staff. Seasonal overflow shelters shall mean a homeless shelter that allows homeless persons to stay on its premises overnight from the beginning of November through the end of April, unless, because of inclement weather, specific and limited exceptions to such seasonal limitations are granted by the Director. Permanent Supportive Housing for formerly homeless individuals and families such as Redtail Ponds PSH: State requirements and definitions: Colorado statutes governing municipalities (C.R.S. § 31-23-303) and counties (C.R.S. § 30-28-115) recognize that the location of certain types of group homes is a matter of statewide concern. This recognition limits the ability of local governments to regulate these state -protected group homes. State law requires local governments to recognize group homes as a residential land use and to decision maker will decide on each modification request as part of their review of the project. Modifications cannot be detrimental to the public good. Modifications must also meet at least one of the following criteria: (1) the plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which a modification is requested, or (2) the granting of a modification from the strict application of any standard would, without impairing the intent and purpose of this land Use Code, substantially alleviate an existing, defined and described problem of city-wide concern or would result in a substantial benefit to the city by reason of the fact that the proposed project would substantially address an important community need specifically and expressly defined and described in the city's Comprehensive Plan or in an adopted policy, ordinance or resolution of the City Council, and the strict application of such a standard would render the project practically infeasible; or (3) by reason of exceptional physical conditions or other extraordinary and exceptional situations, unique to such property, including, but not limited to, physical conditions such as exceptional narrowness, shallowness or topography, or physical conditions which hinder the owner's ability to install a solar energy system, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties, or exceptional or undue hardship upon the owner of such property, provided that such difficulties or hardship are not caused by the act or omission of the applicant, or (4) the plan as submitted will not diverge from the standards of the Land Use Code that are authorized by this Division to be modified except in a nominal, inconsequential way when considered from the perspective of the entire development plan, and will continue to advance the purposes of the Land Use Code as contained in Section 1.2.2. Staff analyzes each modification request and provides a recommendation for these requests as part of their staff reportfor the project. The burden of proof is on the applicant to demonstrate why should be allowed relief from a Land Use Code standard. How is required parking calculated? One space per 4 adult residents (.25 spaces per tenant), unless a resident is prohibited from operating a vehicle, plus, 2 spaces per 3 employees (one space per two employees can be requested). Based on this formula, the parking required will be based on the number of employees since residents will not be allowed to bring their own vehicles. By proposing 3 spaces, the group home can have a maximum of 5 employees. Are there other types of facilities that provide services in Fort Collins that are not considered Group Homes? Yes: Long-term care facilities such as nursing care facilities are health institutions that are planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients who require regular medical care and twenty -four-hour per day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained group home use can be reinstated only after obtaining a new approval from the decision maker as outlined in this Section. How is occupancy restricted for Residential Group Homes? Residential group homes shall conform to the lot area and separation requirements specified in the following table: Zone District Maximum Additional Maximum permissible Minimum number of lot area residents, excluding separation residents for each supervisors requirements excluding additional between any supervisors, resident other group for minimum (square home (feet)* lot size in the feet) zone district U-E 3 2,000 8 1,500 R-L, N-C-L, H-C, E, 3 1,500 8 1,500 R-F L-M-N, N-C-M, R-D- 6 750 8 1,000 R N-C-B, D, C-5, 6 500 8 700 C-C-N, M-M-N, H-M-N, N-C, C-G, C-C, C-L, C-C-R * The minimum separation distance required between group homes that are located in different zone districts shall be the one that requires the greatest distance. How does the above table apply to the 4406 Seneca St. Residential Group Home? Not more than 8 residents are allowed. More than 8 residents are considered Large Group Homes, which are not permitted in the R-L zone district. The minimum lot size required in the R-L zone district is 6,000 square feet. Y- The 4406 Seneca St. lot is approximately 10,340 square feet. r Formula applied: • 3 residents allowed for first 6,000 SF. • Up to 2 additional residents allowed, based on 4,340 additional square feet, (10,340 total SF; minus 6,000 SF.; divided by 1,500 square feet for each additional resident; rounded down to 2). • Total residents allowed using formula: 5, but the applicant wants to house 8 residents. The applicant is looking to allow 3 more residents than what would normally be allowed. How can they propose something that doesn't meet the Land Use Code? The City allows applicants to seek relief from standards in the Land Use Code. The applicant must supply a request for a modification for each standard from which they are seeking relief. The 4 Are there other types of Group Homes permitted? Yes, the City defines a Large Group Care Facility, which is also permitted in certain zone districts. i% Large Group Homes are not permitted in the R-L Zone District (Low Density Residential District). Large Groups homes allow 15 to 20 residents, with allowances to increase this number if the increase adequate addresses parking and transportation needs. Like the name implies, this is a larger 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. It also is intended to provide special care or rehabilitation to "at risk" residents. Typically, a larger group home provides more services/facilities for residents that need a greater level of care under State requirements, such as a "Community Residential Home for Persons with Developmental Disabilities." Because more services/facilities are offered, these homes typically have a need to house more residents than the maximum allowed with a Residential Group Home. Where are Residential Group Homes allowed in the City? Residential Group Homes are allowed in all zoning districts in the City that allow residential uses, except the Industrial District and the Rural Lands District (R-U-L). Are there City restrictions for Residential Group Homes? Yes, a Residential Group homes have occupancy limit requirements based on the zoning district, as well as minimum separation requirements. The maximum occupancy is 8 residents. r Some zone districts allow an administrative review, other districts require a hearing before the Planning and Zoning Board such as the R-L zone district. (1) Before any group home shall be approved in any zone that requires a public hearing, 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. The group home use must specifically state the purpose of the home. l- (2) A group home may be located without consideration to the minimum 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, on arterial street, a state or federal highway, railroad tracks, river or commercial/business district. Such reduction in the separation requirement shall be 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. Y (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 The 4406 Seneca St. Group Home proposes housing for older adults with memory or cognitive impairment. How is this enforced and can this purpose change in the future? The plans for the Residential Group Home must state the purpose of the facility and the maximum occupancy proposed: Residential Group Home use for elderly adults with memory or cognitive impairment for up to eight residents. Should there be a change in this purpose sometime in the future, then the plans and stated purpose would be required to be amended. For example, if an amendment was proposed to allow the Group Home to provide servic%are to residents with social, behavioral or disciplinary problems, then the proposal would be required to go back to the Planning and Zoning Board and a new neighborhood meeting would also be required. I'm concerned about impacts to my neighborhood. Can this proposal be denied, restricted or conditionally approved? In order for staff to recommend conditions or mitigating restrictions to the Planning and Zoning Board, substantive evidence must be offered to show that a group home use will have such on adverse impact on the character and quality of life of the surrounding neighborhood that denial or restrictive conditions are warranted. Federal and state law protects certain types of group homes from discrimination or dissimilar treatment during the development review process and restricts limits related to the location and operation of group homes. A common concern is that the group home will result in a degradation of the surrounding residential neighborhood, pose a risk of harm to neighbors, and reduce property values. While the state allows some restrictions, such as limiting Residential Group Homes to 8 residents, denial or restrictions must not be made that would violate the Federal Fair Housing Act, which prohibits discriminatory land use restrictions based on race, color, religion, national origin, handicap, familial status (families with children). "Handicap" is defined broadly by 42 U.S.C. § 3602(h) as: (A) a physical or mental impairment which substantially limits one or more of such person's major life activities; (B) a record of having such an impairment; or (C) being regarded as having such an impairment. Persons who qualify as handicapped range from those with physical disabilities, mentally disabled and mentally ill persons, recovering alcoholics and drug addicts (non -users), many elderly persons with physical or mental impairments, and persons infected with Human Immunodeficiency Virus (HIV) and other life limiting medical impairments. "Discrimination" in this context includes a local government's failure to make "reasonable accommodations" in rules, policies, practices, or services necessary to afford a handicapped person equal opportunity to the use and enjoyment of a residential dwelling. The demand for group living accommodations is increasing due to our aging population, the de - institutionalization of mentally and physically disabled services, and recognition in federal and state laws that elderly and disabled persons are entitled to a non-discriminatory opportunity to live in residential settings. City of mort Collins Community Development and Neighborhood Services Planning Services 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522 970.221.6750 Frequently asked Questions about Group Homes 970.224.6134 - fax fcgov. com/developmentreview 5-3-2017 Quick facts about the proposed 4406 Seneca St. Residential Group Home: ➢ Lot size: approximately 10,340 square feet lot with a 6-bedroom residence. Y Changes to the building's interior are proposed to create a total of 8 bedrooms. A maximum total of 8 residents are proposed. Y Purpose of the Group Home: Residential Group Home use for elderly adults with memory or cognitive impairment. Y 3 parking spaces are proposed. v Residential Group Homes are permitted in the R-L zone District, with occupancy limitations and other restrictions. How can I provide input? What are the next steps? How can I express my opposition to, or support for the proposal? The project will be required to go to a public hearing by the Planning and Zoning Board where a decision is made to approve, deny or approve the proposal with conditions. City staff provides recommendations to the Board, but does not approve or deny the project. All comments received are typed and provided to the Planning and Zoning Board in a neighborhood meeting summary. You can also send me a letter (mailed or emailed) with your comments. Copies of all comment letters received are also given to the Board members. If you received a mailed notice for this Neighborhood meeting, you will also receive a letter at least two weeks prior to the Planning and Zoning Board Hearing letting you know the time/date/location of the hearing. The hearing date has not been scheduled. You can also attend the Planning and Zoning Board Hearing and talk directly to the Board. Direct communication with the Board members related to the merits of the proposal prior to the hearing is not permitted. More about how the hearing works and the City's appeal process: http://Www.fcqov.com/Cityc/erk/Pdf/boardslpzbrochure.pdf Other resources for Citizen's role in development review: http://www. fcgov. com/developmentreview/citizenreview. ph p How is a Residential Group Home defined in Fort Collins? 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.