HomeMy WebLinkAboutCASTLE RIDGE GROUP HOME - PDP210012 - DECISION - RESPONSE TO APPLICANT
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Planning, Development & Transportation Services
June 30, 2021
Michelle Pinkowski
Delivered via email to:
michelle@pinkowskilaw.com
Reasonable Accommodation Decision Letter- 636 Castle Ridge Court
Ms. Pinkowski,
On April 9, 2021, you submitted a Reasonable Accommodation request to the City of Fort
Collins (“City”) on behalf of your client Peacock Assisted Living, LLC, regarding a proposed
assisted living facility to be located at 636 Castle Ridge Court. The subject property is zoned
Low Density Residential (RL). The applicant is seeking relief from Section 3.8.6 (A) of the Land
Use Code, which limits the occupancy of a group home in the RL district subject to lot size
limitations. The request is to allow 16 people with disabilities to reside at 636 Castle Ridge
Court.
After careful consideration, I make the following findings of fact pursuant to Section 2.19(E) of
the Fort Collins Land Use Code:
a) The property at issue, 636 Castle Ridge Ct., will be used by people considered to be
disabled under the federal Fair Housing Amendments Act (“FHAA”).
b) Based upon the nature of the group living model utilized by Peacock Assisted Living
LLC, the Reasonable Accommodation is necessary to make housing at 636 Castle
Ridge Ct. available to people with disabilities. Through the documentation provided with
the application and during the interactive meeting held on May 21, 2021, the applicant
has demonstrated that the ratio of staff to residents impacts the therapeutic benefit of the
caregiving model and is related to the ability of disabled residents to reside in the home,
and that the number of residents permitted directly impacts the financial and operational
viability of this facility. The documentation supports the assertion that sixteen residents
with three non-resident staff caregivers per shift is a threshold for achieving the intended
therapeutic benefit and financial viability of the operational model.
c) The requested reasonable accommodation would not impose an undue financial or
administrative burden upon the City.
d) The requested reasonable accommodation would not require a fundamental alteration in
the nature of a Land Use Code provision.
· Pursuant to the FHAA, the City is required to reasonably accommodate
disabled people with regards to zoning regulations that might otherwise deny
disabled individuals certain housing opportunities.
· The Land Use Code allows other uses in the RL zone with similar or greater
impacts to the proposed Reasonable Accommodation in situations that do not
involve people considered to be disabled under the FHAA. Examples
include:
o The Land Use Code allows an unlimited number of people comprising
a family to live in the house. A family of 16 related individuals could
occupy this home with no required review, notification, or other
consideration.
o The Land Use Code allows shelters for victims of domestic violence in
the RL zone without a limit to the number of residents permitted.
o Other more intense uses with greater potential for traffic, noise, and
visual impacts are permitted in the RL zone such as places of worship
and assembly (permitted subject to administrative review) and schools
and childcare centers (permitted subject to review by the Planning
and Zoning Commission).
· The effect on the built environment of the lot size and other requirements for
group homes in the RL zone is maintenance of single-family residential
character of development, and a pattern of development that conforms to
certain proportions between building size and lot size. In this case, the
property has already been developed and the application does not propose
any new construction. Because the external physical characteristics of the
building will not change as a result of the proposed Reasonable
Accommodation, it is reasonable to exempt the property from the lot size
requirements for group homes.
· The RL zone district permits group homes of up to eight residents subject to
lot size limitations. This request is specifically to allow up to sixteen disabled
people to live in this home according to the operational model, financial
conditions, and other specific circumstances described in the application
materials and interactive meeting. As a group home, this proposal is subject
to a type two review by the Planning and Zoning Commission, and this
process is not affected by this Reasonable Accommodation. Aside from the
number of residents, the facility will be required to comply with all other
standards and requirements of the Land Use Code for group homes as
permitted in the RL zone.
Based upon these findings, I am granting the Reasonable Accommodation request to allow
sixteen unrelated individuals with disabilities (not including non-resident on-site staff) as
described in the Reasonable Accommodation request to live at 636 Castle Ridge Ct., subject to
the following conditions:
· The proposal for a group home is subject to a type two review by the Planning and
Zoning Commission.
· The facility will be required to comply with all other standards and requirements of the
Land Use Code for group homes as permitted in the RL zone and may be subject to
conditions of approval including but not limited to requirements for parking, limitation of
hours of drop-off and pick-up, regulation of lighting intensity and hours of illumination,
requirements related to trash and recycling, screening, storage, and fencing.
· As described in the application materials, the facility will implement measures to mitigate
impacts and retain residential character including maintenance of the garage doors, no
signage indicating that this is a group home, and no more than three staff working shifts
on-site at any given time (with the exception of emergencies and shift changes).
In granting the Reasonable Accommodation request, I am not finding that the people that are
the subject of the Reasonable Accommodation request constitute a family as defined under the
Land Use Code. However, in part because a family without limitation to numbers could live at
636 Castle Ridge Ct., I find it reasonable to accommodate the request in consideration of the
FHAA.
This Reasonable Accommodation is applicable to the specified provisions of the Land Use Code
and does not modify Building Code requirements. The applicant is advised to consult with the
Building Services Division to ensure compliance with the Building Code.
Regards,
Paul Sizemore
Director of Community Development and Neighborhood Services