ADOPT ORDINANCE NO. 2024-1604, AMENDING GOODYEAR ZONING ORDINANCE ARTICLE 2 SECTION 2-2 (DEFINITIONS), AMENDING SECTIONS 3-2-2 (PERMITTED USES) and 3-2-4 (SINGLE FAMILY – ADDITIONAL USE DEFINITIONS AND REGULATIONS) OF ARTICLE 3, RELATED TO DEFINITIONS, MINIMUM SEPARATION OF GROUP HOMES, AND ZONING CLEARANCE APPROVALS; PROVIDING FOR CORRECTIONS, SEVERABILITY, AND AN EFFECTIVE DATE, AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE. (David Williams, Contract Planner) |
The City of Goodyear Zoning Ordinance regulates the development of all land within the city. Regulations set forth in the Zoning Ordinance may be amended when deemed necessary to best serve the public interest, health, comfort, convenience, safety, and general welfare of the citizens of the city. The current Zoning Ordinance was originally adopted by the City Council in May 1999 and has been the subject of a number of amendments since that time. The purpose of this text amendment is to add distancing requirements to all group homes as well as update definitions for clarity. |
Current Policy: The following policies contained within the City of Goodyear Zoning Ordinance are applicable and relevant to this requested text amendment: · Article 2-2 (Definitions) currently defines what an Assisted Living Home is. The definition is dated and not reflective of state law changes and emerging trends in the industry. There is also no definition for a “single housekeeping unit”, which is a term that is not currently defined in the ordinance. · Article 3-2-2 (Permitted Uses) indicates which uses are allowed by right, with a use permit, approvable with conditions, or are accessory to primary uses within specific zoning districts. The table reflects the language from Section 3-2-4 in tabular form and currently identifies that assisted living homes with 6 or fewer residents are allowed by right in the residential zoning districts with the exception of the MF-12 district. It further states that assisted living homes with 7-10 residents shall have a ¼ mile buffer between other Assisted living homes and that certain conditions must be met. The table goes on to also indicate that there is an opportunity for reasonable accommodation through a use permit process if an Assisted Living Home with 7-10 residents wishes to locate less than a ¼ mile from another home with 7-10 residents. · Article 3-2-4 (Single Family – Additional Use Definitions and Regulations) allows for assisted living homes under certain criteria. Subsection B currently requires separation distances of 1,320 feet (1/4 Mile) between any Assisted Living Home with greater than 6 residents. There is currently no requirement for separation buffers for assisted living homes with 6 or fewer residents. Details of the Request: This request for text amendment is to modify certain definitions and standards related to assisted living homes. To achieve this intent, the text amendment proposes the following revisions: · Amend Zoning Ordinance Section 2-2 (Definitions): Delete the term “Assisted Living Home” and its associated definition; add the term “Group Home” and its associated definition; change the term “Assisted Living Home” to “Group Home” throughout, and, · Amend Zoning Ordinance Section 2-2 (Definitions): Add the term “Single Housekeeping Unit” and its associated definition; and, · Amend Zoning Ordinance Section 3-2-2 (Permitted Uses): Update Table 3-2-2 (Residential Districts Use Classifications) to amend the Group Living section to reflect the amended terms as defined in section 2-2 and as used in Section 3-2-4. · Amend Zoning Ordinance Section 3-2-4 (Single Family – Additional Use Definitions and Regulations): amend subsection a, to add language that all group homes shall require a minimum separation; amend subsection b, (Assisted Living Homes) to change the use of the term “Assisted Living Homes” to “Group Homes” throughout the section, amend subsection d, to replace the term “business registration permit” with “business license” to reflect an update in city code; amend subsection g, to add the phrase “prior to opening” to clarify that permits are required from all agencies prior to opening a group home; add subsection h, which states how long a zoning clearance is valid, when an extension of a zoning clearance may be requested, when a new zoning clearance shall be required, and when a group home may begin operations. · All existing group homes previously approved or operating in full legal conformance with all city and state requirements, including licensing requirements, are allowed to continue operation if the Group Home continues to comply with all applicable regulations, statutes and ordinances, including obtaining a new business license issued by the city. A grace period will be provided for group homes to apply for a business license and zoning clearances to review their existing rights. Evaluation Criteria: As previously noted, Section 1-3-1 (Amendments) of the Zoning Ordinance provides evaluation criteria for text amendments. The criteria and accompanying staff analysis (italics) are provided below: A. Documentation indicating inconsistencies in terms of the Ordinance or problems and/or conflicts in implementation of specific sections of the Ordinance that will be resolved by the amendment; This amendment is intended to bring the zoning ordinance into alignment with other valley cities related to group homes as well as treat all group homes equally and fairly with respect to Federal Fair Housing, and state statutes. This proposal amends the zoning ordinance to treat group homes in a similar manner. It also modifies definitions to make them easier to understand as well as modernizing language in addition to creating a new definition for “single housekeeping unit” where none existed before. As proposed, this amendment will provide consistency and clarity with regards to the regulation of group homes in Goodyear. B. Whether amendment is needed to respond to changes in the law, statutory or case law; This text amendment is in response to inconsistencies between changes in law, statutory or case law. As previously noted, this change is being brought forward to align the city with best practices across the valley municipalities. C. Whether amendment is needed to address zoning and/or development issues or to improve processes for addressing such issues; With this text amendment, inconsistency within the zoning ordinance and best practices will be addressed. D. Whether amendment will to promote implementation of goals and objections of the City’s General Plan; In General Plan Objective CC-1-1. Create and foster complete neighborhoods places a range of housing options is included. Group homes would be included as part of those housing options. Under Goal CC-8, quality social services, while not specifically enumerated, group homes serve a valuable service in providing access to healthcare at a residential level. These businesses help residents with disabilities covered by the American with Disability Act (ADA) and are also covered under Federal Fair Housing. This text amendment helps ensure compliance with those objectives and rules. E. Any other factors related to the impact of the amendment on the general health, safety or welfare of the citizens of the City and the general public. The text amendment should not have any adverse impacts on the general health, safety or welfare of citizens or the general public. The proposed text amendment aligns Goodyear with best practices as well as ensuring consistency with group home regulations. Public Participation, Public Comment and Planning and Zoning Commission Meeting: This Zoning Ordinance text amendment requires public hearings before the Planning & Zoning Commission and City Council. Notice for these public hearings included a full-size legal notice published in the Arizona Republic on March 29, 2024. Information on this text amendment was also posted to the current development applications section of the city’s website. On April 17, 2024, the Planning and Zoning Commission held a public hearing for this item. After the staff presentation, the Planning and Zoning Commission voted (6-0) to recommend approval of the Ordinance. The discussion was brief and the only question that was asked was related to any changes to the building code. Staff clarified that there would be no changes to the building code as part of this request. A public notice that this rezoning request would be considered and reviewed at a public hearing to be held before the City Council on April 29, 2024 appeared in the Arizona Republic West Valley Edition on March 29, 2024. |