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HomeMy WebLinkAboutPZ.2021.0809.Minutes.Special TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL WORK SESSION OF THE FOUNTAIN HILLS PLANNING AND ZONING COMMISSION AUGUST 9, 2021 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Chairman Gray called the Special Work Session of August 9, 2021, to order at 8:44 p.m. 2. ROLL CALL Present: Chairman Peter Gray; Vice Chairman Scott Schlossberg; Commissioner Jessie Brunswig; Commissioner Clayton Corey; Commissioner Susan Dempster; Commissioner Dan Kovacevic; Commissioner Roderick Watts, Jr. Staff Development Services Director John Wesley; Town Attorney Aaron Present: Arnson; Senior Planner Farhad Tavassoli; Executive Assistant Paula Woodward 3. REVIEW AND DISCUSS regulations and policies for Group Homes for the Handicapped and related facilities. Mr. Wesley explained to the Commission that the recent public interest in detoxification facilities, sober living homes and group homes in general have created questions and concerns. He said this meeting is for staff and the Commission to review and discuss the regulations and policies. No action will be taken nor public comment taken. Mr. Wesley referenced the packet attachment published by the U.S. Department of Housing and Urban Development. He said that the Fair Housing Act and the Americans With Disabilities Act implemented measures for the Department of Justice, to incorporate different types of residences into communities. He said that disabled persons must be allowed the same access to neighborhoods and housing as everyone else. Mr. Wesley reviewed the following zoning ordinance definitions: •Family: an individual, or two (2) or more persons related by blood or marriage, or a group of persons not related by blood or marriage, living together as a single housekeeping group in a dwelling unit. • Group Homes for the Handicapped and Adult Care: A dwelling shared by handicapped and/or elderly people as their primary residence and their resident staff, who live together as a single housekeeping unit, sharing responsibilities, meals, and recreation. The staff provides care for the residents. A Group Home for the Handicapped and Adult Care does not include nursing homes, alcohol or other drug treatment centers, community correction facilities, shelter care facilities, or homes for the developmentally Planning and Zoning Commission Meeting of August 9,2021 2 of 3 disabled as regulated by the Arizona Revised Statutes Section 36-582. • Treatment Center: Facilities providing lodging and meals and, primarily, treatment, training or education as a part of an alcoholism or drug addiction program. •Shelter Care: Short term residential care facilities providing lodging on a temporary basis, meals and counseling to individuals and groups such as, but not limited to, the homeless, pregnant teenagers, victims of domestic violence, neglected children, and runaways. There are wide range of group homes that could occur in the community but they are all treated the same under the code. Currently the Town has sixteen active group homes. Group homes for the handicapped and elderly care are listed as permitted in both single-family and multi-family zoning districts with the following provisions: Group Homes for the Handicapped and Elderly Care; provided, that: a. No such home is located on a lot that is within one thousand—two hundred (1,200) feet, measured by a straight line in any direction of the exterior lot lines of another group home for the handicapped and elderly care. b. No such home contains more than ten (10) residents. c. Such home is licensed by the State of Arizona Department of Health. d. Such home is registered with, and administratively approved by the Community Development Director or designee, as to compliance with the standards of this Ordinance. Mr. Wesley said that sober Living homes are treated the same as group homes. These standards are set by the state. This was a hot topic a few years ago in Prescott. Sober Living Homes are for persons who have already been through detoxification and the initial treatment. They are moving forward to the next phase of recovery. The detoxification process is not part of a group home and would not be covered by a State license for a sober living home. In response to Vice Chairman Schlossberg, Mr. Wesley said that the sixteen group homes in town include the senior care type. In response to Commissioner Dempster, Mr. Wesley said that the definition for family of five is pretty standard throughout municipalities. He explained that the detoxification (in treatment) is not in a home, it is at a facility. After treatment the next step would be a sober living home. Chairman Gray stated that staff to resident ratio is important. It may be part of our mission to consider the model of care and review the number of residents allowed too. Commissioner Watts asked if there is a required amount of supervisors per resident. Mr. Wesley said that the Town Code does not provide guidelines that require a certain number of caregivers per resident. A review of the State guidelines could be helpful. Planning and Zoning Commission Meeting of August 9,2021 3 of 3 Conversation ensued regarding what other municipalities chose in limiting the number of occupants and encouraging more supervisor to resident quantity. Mr. Wesley said that staff can research the number of occupants further since they may tie in to building code requirements and other factors. In response to Chairman Gray Mr. Wesley said that the detoxification facility would not be provided for in the Town Code. Some concerns have come up that detox takes place in some Fountain Hills sober living homes even though it is not allowed. Writing the code with more detail could help enforce and prevent that. Mr. Wesley thanked the Commission for their input. 4. ADJOURNMENT The Special Work Session of the Fountain Hills Planning and Zoning Commission held August 9, 2021, adjourned at 9:13 p.m. PLANNING D ZONING COMMISSIO Chairman Peter Gray ATTESTED AND PREPARED BY: 9teWigitAa Paula Woodward, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Work Session held by the Planning and Zoning Commission Fountain Hills in the Town Hall Council Chambers on the August 9, 2021. I further certify that the meeting was duly called and that a quorum was present. DATED this 19th day of August, 2021. Palb- Paula Woodward, Executive Assistant