Title
Amend City Code - Public Hearing and Ordinance Adoption - Group Home Facilities Text Amendment - Z-TA-22-08 (Ordinance G-6331)
Description
Request to hold a public hearing on a proposed text amendment for the following item and to consider adopting the Downtown, Aviation, Economy and Innovation Subcommittee recommendation along with the related Ordinance.
Report
Summary
The intent of this proposed text amendment is to ensure compliance with the federal Fair Housing Act and Americans with Disabilities Act and allow a reasonable accommodation process to ensure equal access to housing for individuals with disabilities pursuant to federal law. The text amendment will also modernize definitions and regulations to ensure clarity, compliance and consistency with state and federal regulations.
The City is required to provide for reasonable accommodations related to housing for individuals with disabilities to comply with federal fair housing regulations. In 2015, current regulations related to spacing of group homes for individuals with disabilities was challenged and an investigation by the Department of Housing and Urban Development (HUD) ensued. They found enough concern that HUD forwarded the issue to the Department of Justice to pursue legal action against the City. In addition, the City faced legal action from a group home provider because of an enforcement action against that group home. Until May 15, 2017 the current spacing of group homes for individuals with disabilities was not being enforced due to the lack of a reasonable accommodation. At that time staff began enforcement again per a memo from the Planning and Development Department Director that references the draft reasonable accommodation provision that is contained in the proposed text amendment. Staff has conducted research of local, state and national jurisdictions; federal and state laws; case law; the Joint Statement of the Department of Housing and Urban Development (HUD) and the Department of Justice, and the practices and application of the Fair Housing Act; as well as other publications related to regulating group facilities; state licensing regulations; and zoning adjustment applications and interpretations.
Application: Z-TA-22-08
Request: Group Facilities, such as Assisted Living Facilities, Adult Day Care, Behavioral Health Care Facilities, Homes for the Developmentally Disabled, and associated uses.
Proposal: Amending various sections of the Zoning Ordinance of the City of Phoenix relating to Group Facilities. For the affected sections, see the Draft Ordinance (Attachment A).
Applicant: City of Phoenix Planning Commission
Representative: City of Phoenix Planning and Development Department
Staff: Recommends approval per the language in Exhibit A of Addendum A, dated April 28, 2017 (Attachment B)
This text amendment is the first step in a broader review and evaluation process regarding group homes. Staff is also recommending that the City Council support state and federal changes related to group home facilities to ensure that the issue is properly addressed at those government levels. In addition, an Ad-Hoc Study Committee has been assembled to work with an outside legal and planning expert to help craft new group home regulations.
Concurrence/Previous Council Action
The 15 Village Planning Committees heard this case and 10 recommended approval as originally proposed, two recommended approval with modifications, one recommended denial as originally proposed, one recommended denial as proposed in Addendum A, and one recommended approval as proposed in Addendum A with two modifications (Attachment C).
The Downtown, Aviation, Economy and Innovation Subcommittee heard this request on April 26, 2017 and recommended staff form a working committee to further evaluate the issues and provide solutions related to group home facilities.
The Planning Commission heard this case on May 4, 2017 and recommended approval per the language in Exhibit A of Addendum A dated April 28, 2017 (Attachment D) by a vote of 7-0.
The Downtown, Aviation, Economy and Innovation Subcommittee heard this request on June 7, 2017 and approval was recommended by a vote of 4-0.
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and Development Department.