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HomeMy WebLinkAboutORD-2005-201 - Family, Group, and Rehabilitative Care Zoning Ordinance AmendmentORANGE COUNTY BOARD OF COUNTY COMMISSIONERS and PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: November 21, 2005 Action Agenda Item No. C.3.a SUBJECT: Rehabilitative, Group, and Family Care Facilities Zoning Text Amendments DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) [Y� ATTACHMENT (S): • Inventory and Summary of Orange INFORMATION CONTACT: County care Facility Locations and Craig N. Benedict, Director, 245 2592 Services Glenn Bowles, Planner II, 245 2577 • Care Facilities Map • Comparison Chart of Existing Orange County Zoning and State Regulations Concerning Adult Care Facilities • Proposed ordinance text amendments PURPOSE: To consider proposed amendments to the zoning ordinance regarding rehabilitative, group, and family'care facilities. BACKGROUND: Less state funding is available to fund mental health programs and services. Program responsibilities are shifting to county governments and private service providers from the state facilities. State administrative laws and regulations have changed since the Board first adopted these zoning regulations in 1981. The present zoning standards do not reflect the new state definitions. Staff proposes to place the many State "service codes" into three zoning categories (permitted in residential — family homes, permitted as a Class "B" use in residential — group homes, and a permitted use only in commercial zoning districts —,rehabilitative). Language differences in the Orange County Zoning Ordinance and standards found in 10A North Carolina Administrative Code 27G,Rules for Mental Health, Developmental Disabilities and Substance Abuse Facilities and Services results from use of unlike terminology and standards. Therefore, language is proposed to be added to Section 6.31 Family Care and Rehabilitation Care Facilities and Article 22 Definitions is proposed to be modified. FINANCIAL IMPACT: There is no financial impact associated with this decision. Advertisement costs are included within departmental budgets. RECOMMENDATION (S): The Administration recommends that the Board of County Commissioners refer the proposed amendments to the Planning Board for a recommendation and returned no sooner than January 24, 2006. The Planning staff recommends approval of the proposed amendments. Note: The Public Hearing is open until the Planning Board recommendation returns to the Board of County Commissioners for decision. t1 :% "omprcshcvsii c !'tanning IJiOC ENTi.` -.10 i5 Pia>,ir itea iss e`_�as t`.lrec tsly�rm� Rehab „r3 t�sakst:ae;. L t Inventory and Summary of Orange County Care Facility Locations and Services, November 2005. 2 Rehabilitative, Group, and Family Care Facilities There are several references in the Orange County Zoning Ordinance relating to foster care and rehabilitation facilities. References include the following: "L Rehabilitative Care Facility —A facility licensed by the appropriate state agency, as a group care facility for individuals who are handicapped, aged, disabled, youthful offenders, addicted to alcohol or drugs, requiring professional health care, adult supervision, or rehabilitation. 2. Group Care Facility — A facility licensed by the appropriate state agency, as a group care facility for from seven to fifteen unrelated individuals excluding supervisory personnel, who are handicapped, aged or disabled and are undergoing rehabilitation, or extended care, and are provided services to meet their specific needs. This category includes group homes for all ages, halfway houses, and foster and boarding homes. The following shall not be eligible for admission to a group care facility; a) persons addicted to or recuperating from the effects of an addiction to drugs or alcohol, and b) persons adjusting to non prison life, including but not limited to, pre- release, work release, probationary programs and juvenile detention centers. 3. Family Care Facility — A facility licensed by the appropriate state agency, as a family care facility for from one to six unrelated individuals. " The facilities are allowed according to the table of permitted uses. Use RB AR Rl R2 R3 R4 I RS I R8 R13 LCl NC2 CC3 GC4 EC5 OI EDD Rehabilitation Care Group Care B B, B B B B B B B B B B B B B Family Care * * * * * 1 V11L11 L�VLL VAV B Class B Special Use Permit The. table below summaries the classification of related mental health, developmental disabilities, and substance abuse services, which may fall into one or more of these general uses, as defined in the Orange County Zoning Ordinance. i Ci:',Coagnehen ire Plannifq Dix ".01- NE':2005 Pubhu HearingSN;,t :'!'f'ami!}CitnirpKchai> 1nxJls`,iuvenhis'p.dt r. 2 Inventory and Summary of Orange County Care Facility Locations and Services, November 2005. Section Service Code Time Period :1100 1'arhal hospital on: for individuals who are l acutely mentall ill 24/7 Conditions .1200 Psychosocial rehabihtahon fae lities for mthviduals with severe and ersistent mental illness . . Day apptmt. 30 0::. Res><dent> al trea. Pnt'for children and adolescents who.are emotionallydisturbed or whahave a mental illness ... 24/7 RC .1400 Day treatment for children and adolescents with emotional or behavioral disturbances Day 24/7 .1500 Intensive residential treatment for children and adolescents who are emotionally disturbed or who have a mental illness Detox. Facility .2100 Specialized community residential centers for individuals with developmental disabilities 24/7 skill Development .2200 Before/After school and summer developmental day services for children with or at risk for developmental delays, developmental disabilities or atypical development Before & After School .2300 ,, Adultdevelopmental and vocational programs for individuals w:ifih developmental disabilities work Day, 5.R41 .2400 Developmental day services for children with or at risk for developmental delays, developmental j disabilities or atypical development Day apptmt. clients . .2500 Early childhood intervention services for children with or at risk for developmental delays, developmental disabilities or atypical development and their families Home visits Treatment 3100 Non) ospital medidal detoxification for individuals . who are substance abusers . 24/7 RC .3200 Social setting detoxification for substance abuse 24/T I -2,14, .3300 Outpatient detoxification for substance abuse ; Day apptmt. .3400 Residential treatment /rehabilitation for individuals with substance abuse disorders 24/7 l3:'•.(;on��relu:n, ire T'}uaaninr Diti• +CiF�L:': "_rJri> Puhlic } learin!; �' ��' �, v"}'•• karnz}?(.i ry: rpKelauU :iaar�As`.imz:nir2p.i4r. 3 Residential # BOCC Zoning Scope Conditions Found Class. Classification 1. I ?, RC Therapy 1 R4 GC/FC Detox. Facility 1 I-2, R3, RC' . skill Development RC R4. Residential No more than 12 5.R41 GC/FC :. . Treatment clients . R3, R4 Treatment < 18 years of age 1 -2' 4 R4 RC Residential No more than 12 I -2,14, GC/FC Treatment clients R3, R4. Treatment and I -2, I4, RC Training R3, R4 Development 50 sq.ft. Indoor & E,1-2, RC Center 200 sq.ft. Outdoors R3, R4 Residential GC/FC Treatment ;es><denhal Facility 1 R3 R4. GC/FC Detox. Facility B, I4 RC Residential I -1, I4, GC/FC _J_ treatment R3, R4 3 Inventory and Summary of Orange County Care Facility Locations and Services, November 2005. 4 :3500 Outpatient facilities fo individuals with substance Day apptlnt Outpatient facilities No more than 20 7 : B RC abuse disorders.;:. ati .3600 Outpatient Opioid Treatment Day apptmt. Outpatient facilities B RC .3700 Day treatment facilities for individuals with Day apptmtl Treatment Facility 3 B RC substance abuse; disorders N than 35 .3800 Substance abuse. services ^for DWI offenders Day apptmt. Education Service o more 1 B RC ou s 1 students ' .3900 Drug Education Schools Day apptmt. Education Service. Residences or centers 1 1 � B, E RC .4000 Treatment alternatives to street crimes Other Alternative to 1 -4, R3, RC .5200 R Residential therapeutic camps for children and 2 24/7 R incarceration R4 RC .4100 Residential recovery programs for individuals with 24/7 Residential 80 sq.fi/bed. R3 R4 GC/FC .5400 D substance abuse disorders and the children Day apptmt. D Recovery 14,11 RC .4200 Substance abuse primary prevention services Day apptmt. Prevention service B RC .4300 Therapeutic Community 24/7 Residential Facility R3' R4' GC/FC 14,11 .5.000 2 Facility based crisis service for'mdividuals of all R 24/7 R Residential Facility 1 1 R3 Rq GC/FC ou s 1 ' .5:100 - Community respite services for individuals of all.. R < 24 hours; R Respite service - R Residences or centers 1 1 � R3 R4 FC /GC/RC disabili ou s , �' F .5200 R Residential therapeutic camps for children and 2 24/7 R Residential camp R ,11 RC adolescents of all disability groups .5400 D Day activity for individuals of all disability groups D Day apptmt. D Day facility . R333 R RC . R R4 R .5500 S Sheltered workshops for individuals of all disability D Day apptmt. W Work center B B R RC 4 00 S 41 Residential service N No riioze' han six 2 21.... R R3, R4 F FC 1 c ients :5700 A Assertive community treatment services D Day apptmt. T Treatment services B B R RC Supported employment for individuals of all D Day apptmt. E Employment B 15800 S disability groups S Service B R RC .5900 S Case management for individuals of all disability D Day apptmt. Support service B B R RC groups .6000 h Inpatient hospital treatments for individuals who D Day apptmt. Inpatient treatment I I2 R RC have mental illness of substance abuse disorders I .6100 E Emergency services of individuals of all disability E Emergency E Emergency service I I2, R3, R RC Planning Puh!it; flea rings'-Nov 4 Inventory and Summary of Orange County Care Facility Locations and Services, November 2005. 5 GC Group Care Facility (If caring for more than six unrelated individual. clients), RC Rehabilitative Care Facility FC, Family Care Facility (If caring for less than six unrelated individual clients) BOCA Code Classifications: R3 —1 to 5 people (non - ambulatory, halfway, rehab., group homes, R4 -- (6 to 16 people, assisted living, caregiver), I1- (16 +, with supervision), 12 (five or more people, 24 -hour care, non ambulatory), I3 — Five or more people,. restrained), I4 — (five or more people more than 24 hours with supervision), B — (Business or outpatient clinic) To date there are 38 different service code activities provided at 37 sites. Twenty -one of the 37 or 57% of the services are for Supervised Living for Individuals of All Disability Groups. Of the 37 sites, 20 are within the Town of Chapel Hill, seven within Carrboro, three within Hillsborough, and seven within Orange County. Of the seven within the Orange County zoning jurisdiction, three are facilities in which individuals receive supervised residential living care, three are residential facilities for children and adolescents who are mentally disturbed or have a mental illness, and one is a day treatment facility for individuals with substance abuse disorders and is in a commercial zoning district. . Facility Street Address Community ZIP Code Type R4 MHL # PIN groups Brenda Blankenship 6207 Paylor St. Cheeks 27302 5600F,5100 2 .6200 Outpatient services for individuals of all disability Day apptmt. Outpatient facilities 802 Christopher Rd Chapel Hill B RC 6 groups 9798178779 3 Club Nova 103D West Main St. Carrboro 27510 .6300 Companion assistance for individuals of all disability N/A Support service 4 Division Teacch B RC 27599 groups 068 -033 9788545304 CB #7180 .6400 Personal assistance for individuals of all disability N/A Support service B RC groups Day apptmt. Employment B RC .6500 Employee assistance programs service .6600 Specialized foster care services Day apptmt. Support activities B RC Forensic screening and evaluation services for Day apptmt. Evaluation service B RC .6700 individuals of all disability groups .68001 Prevention services Day apptmt. Support service B RC .6900 1 Consultation and education services I Day apptmt. Support service B RC GC Group Care Facility (If caring for more than six unrelated individual. clients), RC Rehabilitative Care Facility FC, Family Care Facility (If caring for less than six unrelated individual clients) BOCA Code Classifications: R3 —1 to 5 people (non - ambulatory, halfway, rehab., group homes, R4 -- (6 to 16 people, assisted living, caregiver), I1- (16 +, with supervision), 12 (five or more people, 24 -hour care, non ambulatory), I3 — Five or more people,. restrained), I4 — (five or more people more than 24 hours with supervision), B — (Business or outpatient clinic) To date there are 38 different service code activities provided at 37 sites. Twenty -one of the 37 or 57% of the services are for Supervised Living for Individuals of All Disability Groups. Of the 37 sites, 20 are within the Town of Chapel Hill, seven within Carrboro, three within Hillsborough, and seven within Orange County. Of the seven within the Orange County zoning jurisdiction, three are facilities in which individuals receive supervised residential living care, three are residential facilities for children and adolescents who are mentally disturbed or have a mental illness, and one is a day treatment facility for individuals with substance abuse disorders and is in a commercial zoning district. . (ic':Coxng)1VltecisivV Playminz Di ''dilii T':a�i> ['uttlic lieariu 5`. ' n�''_' 1'•Patnily(.iinirpRel?absintl(S inL'uttt+?TY.i1uc Facility Street Address Community ZIP Code Type # MHL # PIN 1 Brenda Blankenship 6207 Paylor St. Cheeks 27302 5600F,5100 2 068 -104 9835343308 2 Residential Services, Inc. 802 Christopher Rd Chapel Hill 27514 5600B 6 068 -066 9798178779 3 Club Nova 103D West Main St. Carrboro 27510 1200 068 -017 9778851938 4 Division Teacch 310 Med. School Wing E Chapel Hill 27599 2300 068 -033 9788545304 CB #7180 (ic':Coxng)1VltecisivV Playminz Di ''dilii T':a�i> ['uttlic lieariu 5`. ' n�''_' 1'•Patnily(.iinirpRel?absintl(S inL'uttt+?TY.i1uc Inventory and Summary of Orange County Care Facility Locations and Services, November 2005. 5 Caramore Community, Inc. 1400 Ephesus Church Road Chapel Hill 27517 5600A 6 068 -004 9799446150 6 Family Counseling Center 110 South Churton Street Hillsborough 27278 3500 068 -060 9874064150 7 Caramore Community, Inc. 1604 Fountain Ridge Road Chapel Hill 27514 5600A 5 068 -002 9799656656 8 Freedom House Recovery Center, Inc. 104 New Stateside Drive Chapel Hill 27516 3100, 3200, 3700,5000, 5600E 36 068 -003 9880224757 9 Harvest House. 1502 Prairie Court Cheeks 27302 1300 4 068 -108 9835870773 10 Horizons Outpatient Substance Abuse Treatment Program 400 South Roberson Street Carrboro 27510 3500, 3700 068 -107 9778952758 11 Youth Quest, Inc. 419 Landerwood Lane Chapel Hill 27514 1300 4 068 -105 9799744857 12 Homes That Care 5403 Jamaica Road Cedar Grove 27231 1300 4 068 -073 9847145357 13 Orange- Person - Chatham Area MH/DD /SAS 412A Caldwell Street Chapel Hill 27516 3500 068 -088 9788181797 14 Project Turn Around 828 Airport Road Chapel Hill 27514 3500 068 -061 9789327486 15 Residential Services, Inc. 102 Quail Roost Drive Carrboro 27510 5600C 6 068 -089 9779221249 16 Residential Services, Inc. 106 Aberdeen Court Carrboro 27510 5600B 4 068 -093 9779403639 17 Residential Services, Inc. 417 Clayton Road Chapel Hill 27514 5600C 6 068 -098. 9789754049 18 Residential Services, Inc. 402 Gary Road Carrboro 27510 5600C 4 068 -100 9778452558 19 Residential Services, Inc. 237 Hamilton Road Chapel Hill 27517 5600C 6 068 -099 9798289828 20 Residential Services, Inc. 203 Oleander Drive Carrboro 27510 5600C 4 068 -101 9778367344 21 Residential Services, Inc. 102 Purefoy Road Chapel Hill 27514 56000 6 068 -102 9788428087 22 Residential Services, Inc. 334 Umstead Drive Chapel Hill 27514 5600C 6 068 -096 9789106699 23 Residential Services; Inc. 6310 Mount Herman Church Road Chapel Hill Twp 27705 56000 11 068 -012 9892297731 24 Mental Health Association in North Carolina, Inc. 202 North Nash Street Hillsborough 27278 5600A 6 068 -109 9864773113 25 Residential Services, Inc: 901 Shadylawn Drive Chapel Hill 27516 5600B DD/DB 6 068 -049 9789699699 26 Silo Drive Facility- Chapel i Hill 111 Silo Drive Chapel Hill 27514 5600C 6 068 -014 9880851016 27 Baird Activities, Inc. Group Home 520 Spruce Street Hillsborough 27278 5600C 6 068 -097 9864671292 28 Pride in North Carolina, Inc. Tarheel House 205 NC Highway 54 West Bingham 27516 -7904 3700 3 068 -106 9778091430 29 UNC Alcohol & Substance 1001 Weaver Dairy Road, I Chapel Hill 27514 1 1300 068 -092 9880452791 G:' ..Conpr.henzive Planning Div 6.E.NEfi G,'i5 Pubfiw flearingsN)v 2;'.Farr, !_•tinn[pRelyabArrrais;.i leenf. rs,ii«c R 6 Inventory and Summary of Orange County Care Facility Locations and Services, November 2005. Abuse Program 30 Residential Services, Inc. Suite 103 1003 West Main Street Carrboro 27510 5600C 6 068 -035 9778389089 31 Orange- Person - Chatham 501 West Franklin Street, Chapel Hill 27516 1100 068 -006 9788151996 Area M-I/DD /SAS Residential Services, Inca Suite 104 102 Woodcrest Drive Chapel Hill 27514 5600C 6 068 -094 9777693125 32 1 Apogee Home One 9407 Wade Dead End Road Cedar Grove 27231 5600A 4 068 -110 9930840250 33 34 Capital Area Substance 308 West Rosemary, #305 Chapel Hill 27516 3500 068 -113 9788272240 Abuse Services 35 Harris & Chadwell Psychotherapy & S.A. 1 ' 307 North Columbia Street Chapel Hill 27516 3$00 068 -115 9788288065 36 Services Jacobs Tree House 7612 NC 49 Mebane 27302 1300 4 068 -111 1 9839247377 37 Sunrise CASA Works at 209 -17 Connor Drive Chapel Hill 27514 3500 068 -114 1 9799131396 Horizon A Means a facility, which serves adults whose primary diagnosis is mental illness, but may also have other diagnoses. B Means a facility, which serves minors whose primary diagnosis is developmental disability but may also have other diagnoses. C Means a facility, which serves adults whose primary diagnosis is developmental disability, but may also have other diagnoses. E Means a facility, which serves adults whose primary diagnosis is substance abuse dependency, but may also have other diagnoses. F Means a facility in a private residence; which serves no more than three adult clients. j S.i:':<;octgnvhcn ivr Pluntiiii� t'3i�- `•(.iELti£':_O�ii 1'utili.. }lcoriaios`:�; t ?!' f' nmi. y( iirxrpRel3�GixmJis.i�rmnhny.doe .7­z � -»»r• §G:�R� . ON - © ��� r: . - �����;R /2 Comparison Chart of Existing Orange County Zoning and State Regulations Concerning Adult Care Facilities 9 State of North Carolina Statutes Orange County Existing Zoning Standards Proposed Orange County Zoning Standards Family Care Home — means a home with support and Family Care Facility — A facility licensed Family Care Home— A facility licensed by the supervisory personnel that provides room and board, by the appropriate state agency, as a appropriate state agency, as a family care personal care and habilitation services in a family " family care facility for from one to six home with support and supervisory personnel environment for not more than six resident persons with a unrelated individuals. (Section 22 - that provide room and board, personal care temporary or permanent physical, emotional, or mental Definitions (page 22 -8)) and habilitation services in a family disability including but not limited to mental retardation, environment in a single housekeeping unit for cerebral palsy, epilepsy, autism, hearing and sight not more than six resident persons with a impairments, emotional disturbances and orthopedic temporary or permanent physical, emotional, impairments, but not including mentally ill persons who or mental disability, including but not limited to are dangerous to others. mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, "Dangerous to others" means that within the relevant past, emotional disturbances and orthopedic the individual has inflicted or attempted to in or impairments, but not including mentally ill threatened to inflict serious bodily harm on another, or has persons who are dangerous to others. acted in such a way as to create a substantial risk of serious bodily harm to another, or has engaged in "Dangerous to others" means that within the extreme destruction of property; and that there is a relevant past, the individual has inflicted or reasonable probability that this conduct will be repeated. attempted to inflict or threatened to inflict Previous episodes of dangerousness to others, when serious bodily harm on another, or has acted applicable, may be considered when determining in such a way as to create a substantial risk of reasonable probability of future dangerous conduct. Clear, serious bodily harm to another, or has cogent, and convincing evidence that an individual has engaged in extreme destruction of property; committed a homicide in the relevant past is prima facie and that there is a reasonable probability that evidence of dangerousness to others this conduct will be repeated. Previous episodes of dangerousness to others, when applicable, may be considered when determining reasonable probability of future dangerous conduct. Clear, cogent, and convincing evidence that an individual has committed a homicide in "the relevant past is prima facie evidence of dangerousness to others No definition. Group Care Facility — A facility, licensed Group Care Facility — A facility, licensed by by the appropriate state agency, as a group the appropriate state agency, as a group care (k..collpiehensirr Planninx Div':(31',E':20OS Public llearings'- Nor Cam faCililiCs C47141ariaon C117nT dot: 9 Comparison Chart of Existing Orange County Zoning and State Regulations Concerning Adult Care Facilities 10 {J:••.C.onpivilensive Planning Dh A.il'. NF..:_oo> PuWiv lira r)llg.':'.`ov : 2I .ale facilities cu n)fiilrii <oftChurc.dok: I, i 10 care facility for from seven to fifteen facility with support and supervisory personnel unrelated individuals excluding supervisory that provide room and board, personal care, personnel, who are handicapped, aged or and habilitation services in a single disabled and are undergoing rehabilitation, housekeeping unit and in a group or extended care, and are provided environment for from seven to fifteen services to meet their specific needs. This unrelated individuals excluding support and category includes group homes for all supervisory personnel; who are either ages, halfway houses, and foster and emotionally disturbed or who have a mental boarding homes. The following shall not be illness, developmental disabilities, or eligible for admission to a group care substance abuse disorders; and are provided facility; a) persons addicted to or services to meet their specific needs. This recuperating from the effects of an category includes group homes for all ages, addiction to drugs or alcohol, and b) and foster and boarding homes. The persons adjusting to non - prison life, following shall not be eligible for admission to -including but not limited to, pre- release, a group care facility; persons adjusting to non- work release, probationary programs and prison life, including but not limited to, pre - juvenile detention centers. (Section 22 - release, work release, probationary programs Definitions (page 22 -10)) and juvenile detention centers. No definition Rehabilitative Care Facility -- A facility A facility licensed by the appropriate state licensed by the appropriate state agency, agency for individuals who are acutely as a group care facility for individuals who mentally ill, have severe and persistent mental are handicapped, aged, disabled, youthful illness, children and adolescents with offenders, addicted to alcohol or drugs, emotional or behavioral disturbances or who requiring professional health care, adult have a mental illness, children with or at risk supervision, or rehabilitation. for developmental delays, developmental disabilities or atypical development, developmental disabilities, or substance j abuse disorders, requires professional therapeutic, skill development, work and employment development, rehabilitation, support, detoxification, education, prevention, day care, emergency, and evaluation services through inpatient, outpatient, or periodic facilities. Allowed in G.S. 168-22(a) No standards Family Care, Group Care, and Rehabilitation {J:••.C.onpivilensive Planning Dh A.il'. NF..:_oo> PuWiv lira r)llg.':'.`ov : 2I .ale facilities cu n)fiilrii <oftChurc.dok: I, i 10 Comparison Chart of Existing Orange County Zoning and State Regulations Concerning Adult Care Facilities 11 Care Facilities. (Page 8 -53). 1. No Family Care, Group Care or Rehabilitative Care Facility shall be located closer than 500 linear feet from another existing care facility. 2. Should a previously licensed care facility be relicensed or receive a new license under a different state classification, a new special use permit or building permit shall be applied for. 3. Provide staff with the state Service Code for the facility as a condition of approval (.i:'.(,oiY.�77Y!ItL'[IS7t't" PIL1111111Yx. Public }'Iearinp':Nov �! I`' �t' N' 1' 1' IlIV(, ilY )t!(7RCI)'r1I):i717iI{S..i:i lilt (..are facilll!L's c-mipari,orl Chat.dou 11 Italics = StFikethm ur.h = ORDINANCE TO PUBLIC HEARING November 15, 2005 New Language Existing Language Deleted An Ordinance Amending the Zoning Ordinance of Orange County Be it ordained by the Board of Commissioners of the County of Orange, North Carolina, that the Zoning Ordinance is hereby amended as follows:'- Section 1. Amend Section 22, Definitions. (Page 22 -8) Family Care F,-- Home — A facility licensed by the appropriate state agency, as a family care home fan�ivrri fns from one to six „nFelated individual . with support and supervisory personnel that provide room and board, personal care and habilitation services in a family environment in a single housekeeping unit for not more than six resident persons, with a temporary or permanent physical, emotional,- or mental disability, including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments, but not including mentally ill persons who are dangerous to others. "Dangerous to others" means that within the relevant past, the individual has ,inflicted or attempted to inflict or threatened to inflict serious bodily harm on another, or has acted in such a way as to create a substantial risk of serious bodily harm to another, or has engaged in extreme destruction of property, and that there is a reasonable probability that this conduct will be repeated. Previous episodes of dangerousness to others, when applicable, may be considered when determining reasonable probability of future dangerous conduct. Clear, cogent, and convincing evidence that an individual has committed a homicide in the relevant past is prima facie evidence of dangerousness to others. Section 2. Amend Section 22, Definitions. (Page 22 -10) Group Care Facility — A facility, licensed by the appropriate state agency, as a group care facility with support and supervisory personnel that provide room and board, personal care, and habilitation services in a single housekeeping unit and in a group environment for from seven to fifteen unrelated individuals excluding support and supervisory personnel, who are either emotionally disturbed or who have a mental illness, developmental disabilities, or substance abuse disorders handiGappperl aged eF disabled and ere i andeFgaing rehabilitation OF 8)deRderi safe; and are provided services to meet their specific needs. This category includes group homes for all ages, halfway heuses, and foster and boarding homes. The following shall not be eligible for admission to a group care facility; G:. Ccamprehewow Planning Dic\ t" MNP- 20. 05 Public Ic arhigs; N) a NIS MAI I VT: 0iiIM ANCii(i1- 14- 05) "im -I 13 aisebel;- aed-b) persons adjusting to non - prison life, including but not limited to, pre - release, work release, probationary programs and juvenile detention centers. Section 3. Amend Section 22, Definitions. (Page 22 -25) Rehabilitative Care Facility — A facility, licensed by the -appropriate state agency, fasillty-for individuals who are acutely mentally ill, have severe and persistent mental illness, children and adolescents with emotional or behavioral disturbances or who have a mental illness, children with or at risk for developmental delays, developmental disabilities or atypical development, developmental disabilities, or substance abuse disorders handiGapped, aged, disabled youthfu GffeRdeFs, iz, fhar frnrn substaRGe abuse, alselael -sr des, requires professional therapeutic, skill development, work and employment development, rehabilitation,. support, detoxification, education, prevention, day care, emergency, and evaluation services health GaFe, adul 9F rehabilitation through inpatient, outpatient, or periodic facilities, Section 4. Amend Article VI Application of Dimensional Requirements to add a new Section 6.31 Family Care, and Rehabilitation Care Facilities. (Page 6 -57). a) No Family Care or Rehabilitative Care Facility shall be located-closer than 500 linear feet from another existing care facility. Section 5. Amend Article VI Application of Dimensional Requirements to add a__ new Section 6.31 Family Care, and Rehabilitation Care Facilities. (Page 6 -57). b) Should a previously licensed care facility be relicensed or receive a new license under a different state classification, a new special use permit and /or building permit shall be applied for. - -- - _ - c) Provide staff with the state Service Code for the facility as a condition of approval. Section 6. This Ordinance shall be placed in the file of published ordinances. - Section 7. This Ordinance is effective upon adoption. NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners that this Ordinance entitled "An Ordinance Amending the Zoning Ordinance of Orange County" is adopted. Upon motion of - Commissioner - , - seconded by -- Commissioner , the foregoing Ordinance_ was adopted this day of , 2005. I, Donna S. Baker, Clerk of the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 2005 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. C;:`.("os iprriae�isiLe fanning, i?irlti ii vIs Z u S Pubbc Cde:ari;z<; 1;iv nI' i ami ;i;nnmRc:hai�ien33is. i.7 •Ii !C i ft i f11' i �iamN. 1tiC'[ ?' I - ta- QSI.dm 14 WITNESS my hand and the seal of said County, this day of , 2005. Clerk of the Board of Commissioners L� :`,C'orursel ?errsiv; 'i'inns?inl?, l ?Sc�tilitiI-.ZtepS Autt;ic Fic:arir.�st'tinc �1'. t�umi; t", m� ?�Rehnir�dmdistAl:�i'�FSI'it ?i F1 Vli ti'it.l )I?.�itif'8 { i I d4- t1Si.da: P14 �,)_ �das �ad J 3. Orange County Zoning Ordinance Text Amendments a. Family, Group, and Rehabilitative Care Amendments Consideration of amendments to bring the Zoning Ordinance in line with the State standard for each of these facilities including classification of the facilities, clearer definitions, approval procedures, and locational criteria. Planning Supervisor Robert Davis said that these text amendments are an effort to bring the ordinance closer to the State definitions. There may be some additional changes coming forth on the mental health portion of the rules. The three categories are family care, group care facilities, and rehabilitative care facilities. This falls into the category of residential uses for adult day care, Hospice facilities, assisted living facilities, group homes for the developmentally disabled, maternity homes, etc. These uses are allowed in all residential districts in the County. Recently, there have been some definition changes at the State level with regard to mental health, developmental disabilities, and substance abuse facilities and services. Through the definition changes, there are now some facilities that are classified as being residential family care homes as a use by right. They are proposing to allow the service code classifications (on page 3). The State does require that the lead management agency, the Local Management Entity, determine whether or not a facility is required. This is only for the mental health category. There must be a letter of support for the facilities. A lot of different agencies will have to be involved in this and zoning is just the land use portion of this. The rules are constantly changing at the State level. He said that he probably would not put the codes in the ordinance itself, except to maybe use it as a reference in the office to determine the categories. John Link said that he would urge being cautious prior to changing codes until there is a clear understanding of what is going to happen in mental health and other facilities. He could see that some codes might be created that would prevent some kind of facility from being served by the revenue stream. He said that they should do only what they have to do by some kind of federal regulations. Commissioner Gordon said that she feels a great need for the big picture in trying to adjust the regulations. She made reference to pages 12 and 13 and that definitions are being amended. She is not sure what the State is requiring of the County. She asked for a better overview of what is required. Robert Davis answered several clarifying questions for Commissioner Gordon. Commissioner Jacobs suggested that this be presented to the Planning Board and that Judy Truitt and Nancy Coston attend the meeting where this is presented. Commissioner Gordon said that this was the best effort to respond to a changing situation, but she would like to know the options. She would like a better explanation of what is being required and what the range of responses might be. Jay Bryan asked for another way to present the category because it is hard to grasp. He does not have a good understanding of how the permitting is done now in the County. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to refer the proposed amendments to the Planning Board for a recommendation and returned no sooner than January 24, 2006. VOTE: UNANIMOUS