Arapahoe County commissioners on Tuesday gave staff permission to prepare amendments to the county Land Development Code that would revise how group living facilities and home day cares are defined and permitted.

The changes are intended to bring the county into compliance with recent state law, to update dated terminology and to remove barriers that now can prevent existing group homes and certain day‑care providers from expanding. County staff told commissioners the draft is preliminary and would first go through a public comment period; staff asked for authority to circulate the final draft to commissioners by email rather than returning for another study session unless the revisions produce controversy.

Why it matters: County planners said the current code’s group‑home language is unclear, combines disparate uses into a single household model and omits many facility types (for example nursing homes, assisted living and rehabilitation facilities). The change would also implement a unified approach to home day‑care rules after a 2021 state law removed local authority to impose extra zoning or permitting requirements on large in‑home day cares.

Public‑works staff described the draft approach: add and revise definitions for several categories (family foster homes, group homes, group residential facilities, hospice and rehabilitation centers, nursing homes and hospitals), update the permitted‑use table, and explicitly align the county’s standards with the federal Fair Housing Act and the International Property Maintenance Code. Planning staff said they will also remove the county’s separate “large home daycare” definition and the local experience requirement so that permitted home daycare operations will follow state licensure and building‑code approvals rather than an extra local special‑exception process.

Caitlin Mars, a planner on the project team, summarized the state change: "In 2021, House Bill 20 one‑one 120 two‑two was approved. This specifically addressed situations where local jurisdictions were requiring something called a special exception use for large home daycares," Mars said, adding that the county proposes to remove the large‑daycare definition and allow home day cares that meet state requirements to operate in residential zones without additional local zoning criteria.

Commissioner comments and next steps: Commissioners emphasized coordination with Community Resources and building‑code staff so state requirements, occupancy and life‑safety standards are clear and enforceable at the county level. Several commissioners urged that the code use modern, person‑first terminology where possible while making explicit references to federal or state statutory terms when required for legal clarity.

County staff said the goal is to complete technical edits, run the draft through the county’s normal referral and public‑comment process, and return the draft for a business hearing after public comment. Because of the county calendar, staff suggested an aggressive schedule that could place a public hearing in January or February; they asked for permission to email the completed draft to commissioners so planning can accelerate review. Commissioners responded with a unanimous thumbs‑up to proceed and to receive the draft by email unless the revision attracts controversy that would require another study session.

Action at the meeting: commissioners approved staff moving forward with the code amendments and agreed staff may distribute the final draft to commissioners by email for review; staff will instead return to a study session or public meeting if substantial controversy arises. The county will run a public‑comment/referral phase before a business hearing.

Ending: Staff will finalize the technical draft with county attorneys and planning staff, coordinate with Building Safety and Community Resources on any programmatic or funding implications, then circulate the draft to the board and begin the public‑comment phase.