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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☒ Safe & Prosperous |
☐ Motion |
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Planning & Neighborhood Svc |
☐ Active & Appealing |
☐ Resolution |
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☐ Respected & Responsible |
☐ Ordinance - Introduction |
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Division: |
☐ Connected & Engaged |
☒ Ordinance - Adoption |
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Community Planning |
☐ Unique & Creative |
☐ Public Hearing |
TITLE:
title
Text Amendment: Nursing & Personal Care Facilities and Residential Care Homes
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SUMMARY RECOMMENDATION:
Summary Recommendation
Amend Title 15, Chapter 154, of the Yuma City Code to update the definitions and allowable zoning districts for Nursing & Personal Care Facilities and Residential Care Homes. (Planning and Neighborhood Services/ Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
The proposed text amendment will facilitate and support the development of new housing options, supporting the City Council’s strategic outcome of Safe and Prosperous.
REPORT:
The purpose of this text amendment is to align the City of Yuma zoning code with the State of Arizona statutes for residential care facilities. Recent changes in statute with regard to types of residential care facilities and requirements to address the residential component in care homes have prompted staff to review the City code and propose the attached text amendment.
The proposed amendment simplifies the definitions of residential care into two categories rather than four. Currently the zoning code differentiates the facilities by the level of medical care and the number of residents. Since all residential care facilities have some level of medically necessary care, from the minor, such as monitoring medications, to the significant, 24-hour medical care, it is difficult to differentiate on an individual basis. The text amendment attempts to address this issue by identifying only two categories based on the number of persons residing in the facility. The number of persons generally parallels state statute for the type of facility.
A Residential Care Home would typically have six or less residents and is intended to provide a family type environment in a residential setting. A Residential Care Home would be a Permitted Principal Use in any zoning district that allows single-family homes. The zoning code currently allows “Residential Care Facility, Small” in the residential and commercial districts and this amendment primarily only changes the name of the type of facility from “Residential Care Facility, Small” to “Residential Care Home”. Also, the R-1-5 and R-2-5 zoning districts are being amended to include this use as a Permitted Principal Use.
A Nursing and Personal Care Facility would typically have seven or more residents in a more structured setting. This type of facility would be a Permitted Principal Use or Conditional Use in the City’s commercial districts. The zoning code currently allows “Nursing and Personal Care Facilities, Large” in the commercial districts and this amendment primarily only changes the name of the type of facility from “Nursing and Personal Care Facilities, Large” to “Nursing and Personal Care Facility”. Also, the Old Town (OT) zoning district is being amended to include this use as a Permitted Principal Use.
In another aspect, spacing of residential care facilities, the proposed text amendment is intended to align with statute. Currently the City zoning code requires a separation of 1,320 feet between facilities but State statute only requires a separation of 1,200 feet. This text amendment will align the distance requirement. The purpose of the distance requirement is to ensure that facilities are able to maintain the residential character of where they are placed. If too many facilities are located in proximity then that neighborhood could lose the residential, family type setting that is intended to be a benefit to the residents of the facility.
On September 25, 2023, the Planning and Zoning Commission voted to recommend APPROVAL (5-0) of the request by the City of Yuma for a Zoning Code Text Amendment to amend Title 15, Chapter 154, to update the definitions and allowable zoning districts for Nursing and Personal Care Facilities and Residential Care Homes.
PUBLIC COMMENTS - EXCERPT FROM PLANNING AND ZONING COMMISSION MEETING MINUTES:
QUESTIONS FOR STAFF
“Commissioner Branden Freeman asked if any of the current care facilities would be affected by this request. Jennifer Albers, Assistant Director of Planning, clarified that facilities already licensed by the state would not go through any changes.
PUBLIC COMMENT - None
“Motion by Branden Freeman - Planning and Zoning Commissioner, second by Joshua Scott - Planning and Zoning Commissioner, to APPROVE ZONE-41688-2023 to update the definitions and allowable zoning districts for Nursing and Personal Care Facilities and Residential Care Homes.
“Motion carried unanimously (5-0), with Edgar Olvera - Planning and Zoning Commissioner and Ashlie Pendleton - Planning and Zoning Commissioner absent.”
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
TOTAL $ 0.00
FISCAL IMPACT STATEMENT:
NONE
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
NONE
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☒ City Clerk’s Office
☐ Document to be recorded
☒ Document to be codified
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Acting City Administrator: |
Date: |
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Jennifer Reichelt for John D. Simonton |
10/24/2023 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
10/23/2023 |