Discussion Regarding Land Development Code Amendments for Group Residential Uses

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

STATEMENT OF INTENTOffice 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.

STATEMENT OF INTENTOffice 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.


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.


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.


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.


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.


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.


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.

Legal StandardsOffice 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)

Legal StandardsOffice 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.

Family SizeOffice 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.”

Family SizeOffice 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

Housekeeping Unit DefinedOffice 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.”

Single-family ResidenceOffice 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

Family Community ResidenceOffice Of The City Attorney

• 6 or fewer unrelated persons


• A family (as defined in LDC) or is equivalent

to a family

• Permitted in all residential zones

• Permitted in commercial zones

Transitional Community ResidenceOffice Of The City Attorney

• More than 6 unrelated persons


• 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

State LicensingOffice 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

Local Building/Fire CodesOffice 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


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


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

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

Reasonable AccommodationsOffice 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

Reasonable AccommodationsOffice 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

Use Table

Group Residence Size Single-family

Multifamily

Commercial

Single-family Residence1 to 6 residents in a Housekeeping Unit

P P P

Family Community Residence1 to 6 residents not in a Housekeeping Unit

P P P

Transitional Community ResidenceMore 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.


Conditional Use PermitOffice 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.


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.


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.


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.


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.


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.

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.

Business

Discussion Regarding Land Development Code Amendments for Group Residential Uses