To: Board of County Commissioners
Through: Bryan Weimer, Director, Public Works and Development
Prepared By:
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Molly Orkild-Larson, Principal Planner, Public Works and Development
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presenter
Presenter: Molly Orkild-Larson, Principal Planner, Public Works and Development
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Subject:
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1:00 PM *Land Development Code Amendment for Group Housing Facilities and Daycare Homes
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Purpose and Request:
recommended action
Staff is seeking direction from the Board of County Commissioners (BOCC) to amend the Land Development Code (LDC) to revise and add new group living facilities, and associated definitions, into the Permitted Use Table (LDC25-002). Amendments are to align with the Fair Housing Amendments Act and International Property Maintenance Code. Additionally, State legislation restricts municipalities from making a distinction in sizes of daycare homes for purposes of zoning. Staff proposes amending the use table to have only one classification for daycare homes (there are currently two categories – day care home and large day care home.
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Alignment with Strategic Plan: Sustainable Growth and Infrastructure - Implement smart growth policies to align housing, transportation, open spaces and economic development.
Background and Discussion: Presently, the LDC only discusses two types of Group Homes (A and B) and the Group Home definition is unclear and confusing. The LDC’s Permitted Use Table and Definitions doesn’t list many of the group living facilities including nursing homes, assisted living residences and other extended care facilities.
Clarion Associates has provided a memorandum with code amendment recommendations for use-specific standards, definitions, and additions to the permitted use table for group living facilities (see attached).
Staff is also proposing to remove the two separate categories of daycare homes and create one category. Pursuant to Section 26-6-104.5(1)(b),Colorado Revised Statutes (CRS), enacted by HB21-1222, local governing authorities, such as Arapahoe County, are required to treat family child care homes, as defined by state regulation, as residential uses and cannot impose additional building, zoning or land use regulations that do not also apply to other residential properties in the zone district. Additional standards are proposed in order to clarify. A ‘day care home’ currently is defined in the LDC.
Alternatives: Amending the LDC to revise existing and add new group living facilities enables the County to review these facilities and better direct applicants. Without an amendment, the County will not be able to allow some facilities.
Fiscal Impact: No fiscal impacts are anticipated at this time.
Alignment with Strategic Implementation Strategies: The attached framework helps Arapahoe County institutionalize values-based, transparent decision-making, documenting how we make decisions and carry out actions to achieve the county’s strategic plan.
Staff Recommendation: Staff recommends that the BOCC direct staff to proceed with the proposed code amendments in order to assist the public whose proposed uses aren’t presently addressed in the code and to be in alignment with State and Federal regulations.
Concurrence: N/A