The URL can be used to link to this page

Home My WebLink About06/21/201241 w City of rt NAT/ h6 a- t 11 I in the City Council Commission Members Present: , W." �Tieredith R&ckert, Sr. Planner Lauren Mikulak, Planner I AnwLazzeri. 6M 31 ioner MATTHEWS and seconded by Commissioner e order of the agenda. Motion carried 7-0. ffluo'kVIT MI&M ni''I It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the minutes of May 3, 2012 as written. Motion carried 6-0 with Commissioner BRINKMAN abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes - I — May 17, 2012 3. IDGE 0 4. AF&OVE 6M 31 ioner MATTHEWS and seconded by Commissioner e order of the agenda. Motion carried 7-0. ffluo'kVIT MI&M ni''I It was moved by Commissioner MATTHEWS and seconded by Commissioner OHM to approve the minutes of May 3, 2012 as written. Motion carried 6-0 with Commissioner BRINKMAN abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes - I — May 17, 2012 V�ulwaxral Anum Prior to introduction of this case, Commissioner OHM made a motion to reuse himself from hearing the case because he has done work for the applicants in the past and the applicants are his neighbors. The motion was seconded by Commissioner DURAN. The motion passed unanimously. Commissioner OHM left the Council Chambers following the vote. A. Case No. WZ-12-03:, An application filed by Patrick Nichols & Associates for approval of a zone change from Residential-TwwkR-2) to Mixed Use- �` Neighborhood (MU-N) for property located #W' • Wadsworth Boulevard. This case was presented by Meredith Reckert. I Shd all pertinent documents into the record and advised the Commission therew,wa I s jurisdiction to hear the case. She entered a letter received from Michael V,,," i 7620 West47 1h Avenue asking that the zoning change be delayed until 2021 viewed the staff re" and digital port presentation. Staff recommended approv for the reasons outlined in the staff report. In response to a question from ,.Commissioner �.,",,.,.D,,Lj M' Ms. Reckert stated, there is room W" e is no site plan at this time. If for 6 or 7 parking spaces on'th rty, howe"v ' r� er zoning is approved, access whoa x ' Av enue d expanded to meet commercial standards. Commissioner BRINKMAN inquftid about a letter that referred to a court of appeals case and that, suggested this case cannot be heard. Ms. Reckert explained that the letter referred to protective covenants put in place in the 1940's that limited the property to residential use." There as ' a case in the 1970's where the court upheld the covenants. The city has no junisdiction to enforce covenants. It would take agreement of over one hundred property owners to bring suit against the applicant and there has only been one person who expressed opposition. Commissioner GUILDNER asked about comments in a letter that Wadsworth will be widened in 2020. Ms. Reckert stated that this is erroneous information. She explained that as a part of the Wadsworth Corridor Subarea Plan, Wadsworth would be widened which is the reason Public Works requested a reservation for sidewalk, etc. However, there are no state or federal funds available for the project at this time. Planning Commission Minutes - 2 — May 17, 2012 In response to questions from Commissioner TIMMS, Ms. Reckert stated that the Building Department has been very involved with this property in the past and is working with the applicant at this time. The requested zoning would allow both commercial and residential uses. Commissioner BRINKMAN asked if future station could be built on the site. Ms. Reck( location at the crest of the hill on WadswPr( on the site. In response to a question from Commissi' Jeanne Nichols Patrick Gooch as a drive-through or a gas the limited lot size and huh of what could happen M ed that new also occur. strongly believe in recycling and are willing to invest in the be an asset to the city. They have a strong desire to expand lge. He submitted a drawing into the record showing proposed ,rty. An engineering report assessing the existing structure zoning is approved. 1 4 & 0 pj.1� Chair TIMMS asked to hear from members of the public. There was no response and the public hearing was closed, Planning Commission Minutes - 3 — May 17, 2012 Commissioner BRfNKMAN requested letters of opposition that were based on Ms. Reckert stated that she would contact Mr. Fratim. at length with Ms. Fisher. HE individuals who wrote and presumptions. motion because the proposed 3e he didn't believe appreciation for the No. ZOA-12-01: An ordinance amending Chapter 26 of the Wheat Ridge of Lawsconcerning the planned development district regulations and c zone changes and making certain amendments to Chapter 2 in association This case was presented by Lauren Mikulak. She entered all pertinent documents into the record and advised the Cornmission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons outlined in the staff report. The revisions separate the zone change procedure from the approval of specific site design for planned developments; establish a more logical and predictable procedure for planned development approval, allowing a developer to proceed with more assurance through the entitlement process; and improve clarity, consistency and organization within the zoning code. Planning Commission Minutes -4— May 17, 2012 Following review and discussion by the Commission, Chair TIMMS closed the public hearing as no members of the public were present. It was moved by Commissioner OHM and seconded by Commissioner BRINKMAN to recommend approval of the proposed ordinance amending Chapter 26 concerning the planned development district regulations and private zone changes and making certain amendments to Chapter 2 in association herewith. •� There was no further business to come before 1 1 11 M -01 MWIT! = a I I EV I 1 Im 0 Z= Planning Commission Minutes -5— May 17, 2012 Cit of PLANNING COMMISSION Wheatf� e, 'dg LEGISLATIVE ITEM STAFF REPORT COMMUNriy DEVULOPMEN'T Z PUBLIC HEARING Z CODE CHANGE ORDINANCE Case Manager: Kenneth Johnstone, Community Development Director Carmen Beery, City Attorney's Office Date of Preparation: June 12, 2012 The City Attorney's Office has advised it is permissible, but not required, under state and federal law, to regulate the zoning of group homes for the handicapped, including imposing a numeric limitation on the size of such homes. Staff therefore recommended the preparation of this Ordinance to create zoning regulations for residential group homes for the handicapped and to make all residential group home zoning regulations generally consistent. Notice for this public hearing was provided as required by the Code of Laws. MEMZEi =� I . xTel vto Given that 16 years has passed since the adoption of these regulations, staff felt it was appropriate to consider modifications to the ordinance, including whether a limit should be placed on the number of handicapped persons that can reside in a group home as a permitted use in all residential districts. City Council approved an ordinance placing a moratorium on the processing of all applications, permits and licenses for group homes in the City of Wheat Ridge on April 16, 2012. The moratorium expires on July 16, 2012. City Council was further briefed on the zoning issues related to group homes at a study session on June 4, 2012. The proposed ordinance is designed to regulate all types of group homes in a similar manner, based on the associated land use impacts. It also cleans up certain inconsistencies in the zoning regulations by: 1) Adding a new definition of "Residential group home for the handicapped" to include persons who are "handicapped," as defined by state or federal law, and their caretakers. 2) Creating a regulatory scheme under which all residential group homes are regulated in the same manner. The use charts are updated to treat all residential group homes the same. 3) Amending the land use charts to distinguish between residential group homes of eight (8) or fewer persons, plus required staff, and homes of nine (9) or more persons, plus required staff, with the larger group homes requiring special or conditional use approval. 4) Amending the definition of "Family" to eliminate its current inclusion of handicapped group living situations and to eliminate what was likely an unintended exclusion of four (4) persons over the age of sixty (60) living together. The current "family" definition includes groups of three (3) and five (5) unrelated persons over the age of sixty (60) living together, but not four (4). ZOA- 12-03 / Group Homes 5) Deleting the restriction on the number of live-in caretakers in residential group homes for the elderly. Staff believes the economics of operating a group home will naturally dictate a small number of live-in caretakers. 6) Eliminating the current distinction between substance abuse clinics for the treatment of drug abuse and clinics for the treatment of alcohol abuse; eliminating the current distinction between outpatient and residential substance abuse clinics; and eliminating the requirement that such clinics dispense medication or other controlled substances as a part of their treatment programs, 7) Amending the Commercial and Industrial land use chart to eliminate confusing cross- references concerning clinics for counseling generally and substance abuse clinics. 8) Imposing the same off-street parking requirements on all residential group homes. The proposed changes are generally consistent with the regulations of other Front Range communities. The cities of Arvada, Aurora, Denver, Englewood, and Lakewood all allow group homes of 8 or fewer residents as a permitted use in residential zone districts. In Westminster a conditional use permit is required. Most of these communities establish a variety of supplemental regulations for group homes, such as separation requirements; evidence of state or county licensure; compliance with applicable building, zoning, and fire codes; registration with the city; and a requirement that facilities be architecturally compatible with the surrounding neighborhood. Additionally, several communities refer to the "reasonable accommodation" clause of the Fair Housing Act and enable a City Manager or Director to accept written applications for administrative relief from specific development standards, allowing the applicant to avoid a variance process. In the City of Wheat Ridge a variance of less than 50% is an administrative process. "I move to recommend approval of the proposed ordinance amending various sections of Chapter 26 concerning residential group home regulations and substance abuse clinics." Exhibits: I . Proposed Ordinance ZOA- 12-03 / Group Homes EXHIBIT 1: PROPOSED ORDINANCE CITY OF WHEAT RIDGE, COLORADJ NTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2012 WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and Article 23 of Title 31 of the Colorado Revised Statutes, the City, acting through its City Council (the "Council"), previously adopted planning and zoning regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws (the "Code"); and i N 11 11 i WHEREAS, the Wheat Ridge City Council ("Council") finds that it is permissible under • fi i A 4 ntqk tr# rnms-f+t-� handicapped; and 0 - 1 oil Z I WHEREAS, the Council further finds that it is desirable from a land use regulatory WHEREAS, the Council therefore desires to amend certain provisions of Chapter 26 of the NO r--ro 1 WORM mall have a meaningful land use planning purpose. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: ri ror4FAMID0 ZOA- 11-03 / Group Homes 4 I.". MKI. wrmrwr. W Miiiiiw 0 0 - f 0 0 -. . - 61!jIllorgolzil 1-0 - i #*- a # R --- A- i the alcohol and drug abuse division of the Colorado Department of Public Health and Environment, even if licensed by Jefferson County Department of Human Services. See section 26-612. A group home for children shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3-412,5, C.R.S., as amended. (b) GroUD home for ZOA- 12-03 / Group Homes M I lima AM (d) Nursing home: A state-licensed health care facility which provides provide short-term convalescent or rehabilitative care or long-term care to individuals who, by reason • advanced age, chronic illness or infirmity, are unable to care for themselves. Section 3. The definition of "substance abuse clinic" set forth in Section 26-123 of the Wheat Ridge Code • Laws is hereby amended as follows: WIF for other purposes. IMMMMMIM�t Nei 1 W *WWI ffigggka MIN MOM 1*11,11111, 1 ww ifth Section 3. The definition of "substance abuse clinic" set forth in Section 26-123 of the Wheat Ridge Code • Laws is hereby amended as follows: WIF for other purposes. IMMMMMIM�t Residential group See § S S S 7§— S S homes, RUFSiRg hemes, 26-612 OF GORgFegate GaFe faoMy-fef 9 or more eMefly persons.,� Section 5. The "Table of Uses – Agricultural and Public Facilities" set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and public facility zoie distric s, islWier-ebM affet�d �f,4, lut Ito "y&� 1 See § 26- WN ( 612 M N- Section 6. The "Table of Uses - Commercial and Industrial Districts" set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone 4istricts, is hereby amended • amending the row concerning counseling and treatment clinics 2s follows: • NMIMMI�� S I P I P I P I P Section 7. The "Table of Uses - Commercial and Industrial Districts" set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended by amending the rows concerning residential group homes as follows: ZOA-12-03 / Group Homes 7 Section 8. Section 26-501 • the Wheat Ridge Code • Laws, concerning off-street parking and loading standards, is hereby amended by deleting the following rows from "Table & Schedule of Required Off-Street Parking" thereunder: 0 Mrmlm 0 0 0 0 - Section 10. The "Permitted Uses" Chart set forth in Section 26-1111 of the Wheat Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is hereby amended by residential group homes as follows INIUSHEMEDUM SIGNED by the Mayor on this day of Janelle Shaver, City Clerk Nign. ro I = First Publication Second Publication: Effective Date: ZQA -I2 -03 / Group Homes