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HomeMy WebLinkAboutWA-96-31j3q.t,lCGr2vvND I!J ~~ MEMORADIDUM TO: GLEN GIDLEY, PLANNING DIRECTOR FROM: ROBERT C. WIDNER -- DATE: MARCH 22, 1996 RE: REVIEW PROCEDURE AMENDMENT FOR GROUP HOMES Some time ago we discussed that the proposed group home ordinance should be further amended to "streamline" the review procedure language contained in Code _§ 25-30(P). Because it has been sometime since our review of the group home ordinance, I need to confirm with you the intended amendment so we are on the "same page." QUICK BACKGROUND Aa the prouoaed ordinance is presently drafted,- there a_re 5 types of homes: 1. Fair Housing Act (FHA)-protected (Handicapped) Homes 2. Homes for Developmentally Disabled Persons 3. Homes for Mentally I11 Persona 4. Group Homes for Elderly Persons 5. Group Homes for Ciaildren Because the FHA requires local governments to provide "reasonable accommodations" to handicapped persons, any number of such FHA-protected persona are permitted in any residential unit in a residential zoning district in the same manner that families of related persons would be permitted. These homes are therefore exempted from the definition of "group home" under the proposed ordinance and are not regulated. Because developmentally disabled and mentally ill persons (as these terms are defined by the Colorado statutes) would also qualify for protection under the Fair Housing Act (that is, they are. also FHA-protected Handicapped persons), there is little reason to create a separate classification for these persona in the ordinance. Therefore, developmentally disabled and mentally ill persons are exempt from the definition of "group home" under the ordinance._ Any number of developmentally disabled and mentally ill persona are permitted in-any residential coning district in the same manner that families of related persons would be permitted. These homes must be licensed by the state of Colorado; because the state limits the number of persons within the licensed home, there will be a limit on the maximum number of persons within each home. Because the state statutes .protect group homes of fewer than eight elderly persons, the ordinance creates two separate classifications for elderly group homes with: (1) eight or fewer persons; and {2) more than eight persons. Elderly homes with eight RC Wl530Y71149391.1 83/22/96 15:39:1H RIGHTFAX 4.HH-> 2352857 RightFAX Page 8H3 or fewer persons are permitted as a use by right in residential districts. Slderly homes with more than eight persons must undergo special use review. Because group homes for children are not protected by either federal or state law, these homes must always undergo special uee review regardless of size. BPPCIAL IISL R&VIEW AMBDIDNffi~]T I understand that you would like to use the special use review procedures described in Wheat Ridge Code § 26-6 instead of having the group home review procedures which are presently contained in § 26-30(P}, This revision would merely require deletion of the special use review procedures that are in § 26-30(P) and a reference to § 26-6 _ae the appropriate special use review provisions. Please confirm for me that this understanding ie correct. As -_ ___ we discussed, 2 will have the revised ordinance to you by the end of the month_ RCtNS30274149391.1 .]u1l-"22-96 08:56A DEVREVFAX 303 236 2867 nN Cltr of GWheat ADMINISTRATIVE PROCES8 APPLICATION Gb 1~ ~ napartment o€ Planning and Development -1~ g 7500 VI®et 29th Ava., Wh®at Ridge, CO 80033 Phone (303) 237-6944 P.02 Applicant ~ gddress~ ~. ~ Phone b - 0 Owner~1AME Addres's +~ ~ p 33 Phone~e~ Location of r@queat ~iS9a l1JtS ~~ 4b. ~ X33 Type o£ action Yequmated (check one or more o£ th6 aotiona listed below whioh pertain to your recjuaet.) Change of zone or sons conditiana VariancelWaiver Site development plan approval Nonconforming uae change Special uae permit Flood plain special exception Conditional uae permit Interpretation of code Temporary uaelbuiiding parmit~ar Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat Final So11d waste landfill/ (] ** See attached prooedurai guide mineral extraction permit for spaoifia requirements. © Other 1~" 17 tailed D ar ion of request ~ Q ~ ~ ~tD7112 ip! V^ ~meni rd , List all p®reons and aompaniea who hold an interer~t 3n the described real property', a6 owner, mortgagee, ies696, aptionee, etc. M6 AD RE S - , p NS ~. U ah U7 ~ - so I Certify that the information and ®xhibita herewith submitted are true and correct to the bast pf my knowledge and that in filing this application, I am acting with the knowledge end consent of thoa® persons listed above, without whose corieent the requested sailer, cannot lawfully be accomplished. Applicants otheY than own6re must submit power-of-attorney from the owner which approved of this a tion on his behalf. nature of A licant ~ Si C~ pp g ( Subscribed and ewer o e s ~R ay o "`~~ , •,, 19 ~_ gyp. wwwwwrrr+ ~ ~a. ~ •-• -~- D Ik~ri~i rpt~pr~-Mraneor~ lQota`ry Public s C^l~s6Mr syoom~btbnE~,~n.at,~0oo /~3 _ t aO~oa My commission expires _1 Date RBC01Vea ~,,, HacelpL tvo. ~„ vase rvo. ye~il.{ i .. '.H:i ..... ^• RECEPTSON N4, F027321O 24.99 PG: 0001-001 747 RECORDED IN JEFFERSON COUNTY, COLORADO 7/24/96 11:17:39 `,. +~ .. `~~ V ~dr•'1' ~~N j 3 f WARRANTY THIS DElbl). Mr1a Wln 17 tls day of July . I9 96 , hctwumt !'tart in I, Forman end Harthe Mnztien Fostaan ufthnCOUnty d£ aeEfexeon ^rxlSlnlrof Caleredo ar+nrar, and 'Timothy F. Madden and Diane L. Madden ,/~ wtux,ninanlrhlr~xsu 690 sadth Cleveland Avenue, St Paul, Minnesota 5530E ul'tha County aE and State of Hinnesota ,gr.Inlasw: WffNFS9.7hm dte grams, fur ^qd in svnrldcmtio^ of tla sent nF oNE iIUNDREP EiaxTY NIN& TROUSRNp NINB RISNDRED AND NO/100---~•-°""" -----DOI.lAR5. f~189, BOO.OD tithe cecnfpt utd Yuffictoncy of which i¢ huehY nt@towleda«I, hu gryntnd, b^tgained, wtd and eonveytd, and by lhem plw+mu doaY gnutt bar. gxltt,Yall,mgveyrct~cc~Ntn.r'++wthroC~enla,ft¢nyhciel^te.Ityingtutdbeinaiaa~CNS~ ~In LroJeffereon ttonaneY. all U,^ rgtd prory:rty g I ^nd glda U1 Cnhx'xda, daamihud a^ follow^~ PARCEL 1: Lat 23, Applavi~w subdivision, County of Je£Eoreon, Stara at Colorado. PARCEL 1: That part of the 3iaat U.1 teak of LoRr 41 and 42. Mct,auphllr7's Applewovd Subdivision Amandod, taunty of Jr:iferaan, state of Calorndo, N}tich lies x®medietalyy west of and adjacent to Lot 23, Appleview Subdivision, Caunty of 7effetson, gtata of Colorado p nkttksrrwahysannt^Itdnvmbnr.a 11590 west 39th place, h+h~e.tridpe, Colorado 80033 TOCIi'INER with all sad nittgular tha hmediumdnx tual appudanrtu:er [herauna+ bnlungin;, nr m enywt^c Yppaa4ni,g, end tiu: reverchm mtd rsver^iunr, rvmaindrr attd rcln^irclnrn. mnis, issuer ettd profiu thmu,f, altd ¢}I the u^tatG right title, iMmaal. alnim and tlvtntnd wh^Uxtave[ of wn ~ra,unr, etdwr in Inw ar nyuity, nL in ^ad W the aMve bargelnod premises. with the hereditnmmrb and rppurlmanae. 'lY1 HAVB ANI7 TO NOLD th^+rydt orr. forthim^ I[. hir hanrc ud pe~i 1 rntseecnt uUvpa. dr>ei a,vanant. {nn~hmgafalan8 hNn ^rni nn^IgnY fnlLVm. And the g agree to ,vtd with the yrnntrnx, their hgire and -esignr. Ib^t nt tha tlnta oP the en^nxliAg and delivery of those presents tin !¢ well Yalrad Uf IhC premitu atN,Vn CdnYCyed, tN¢ gmd. %u N. pelltx't nbebtllle tmd IndefraYlhle KGk of Inhefllancr. III Iaw• N Eee ^hRplu, and tint gaud tight, full power and fewtul ¢uWUrity W grw+q bmgaln, sell and nOttvey the wme in mnuux ¢Id farm ax afmn^^id, Ynd that thr ewae urn trru and char frtlgl all tvrmur and otht7 gr^ttw• hmguins. nnloa, liens, U,ge^, I,:suaamenu, unuumhmna+ Wxl rcehicllutat nt whutavar kind ern^turc ruevun nitept for taxc+ tar the carreht Year, a Ilon hdt ant yet due er pryrtbb, en^cmquU, ra+trlctloe¢, rtsrrvetlans, covnnanlA asd rlkM¢.of--way of rrcord,itny, . STA'fEOF Co1,oPAd7 jtY, C'.Ui1NTYOfi •IBFFERSGN i 7lwfvraguingtn,aumeutwas^uknowledlfedhefotomcthi+ 17th dry of Ju ,1996 ,by Marttn 1, Forman and Mnztte Mart.ien Farmat+ _.~'~7 My Cwtunfa¢iun aspires; Novat~i 1~Ht~ 997 i u y han a n rei^1 real, ~r NMni}'Puhlic .r Rene L4£kin WARRANTf' naaU INI Ylxl T,n^N,i Pile r 13C3?747R94 ..,.. ... . . ..`..l '. 1... .~ .. . ' .:. .. i^ r' ..:F '. :. . } Thegraqux shell and will WAkkANT AND FORPV Rk UtlEEND for ntxsva-barasinnd prnmisex in Ilse yvlut ¢nel peacenMn pweea~ Ylon ^f the grWM1W Y, their hear aqA ¢ssign^, Iµ¢inst^Ii ^,xl every prrcan or [nr^tm^ 1^wfully claiming tae whale sr anY ir~7 Utr[wt• Shr,inantnr number .hull im;lude tllu pWral, the pttUnl IM+ingulrr. and the umut xlty gender shuU b: appiieabk to n11 @anderR. IN Wf19VLr5S 1aHRREOF, the grantor has exnsvwd this dead .m a+r darn mt tvrth uhnvr, unga~in Jul 26,,996 Colorado, inc. y City of Wheat Ridge ATTN: Merideth Rickert Department of City and Planning and Developmaat 7500 West 29th Avenue Wheat Ridge, CO 80033 RE: Site Aevelopment Pisn Approval {group home} and Request for Temporary Uae Permit or VarianceJWaIver for Property located at: 11590 West 39th Place, Westminster, CO 80033 Dungarvin Colorado, Inc, would tike to opcrato a group hoarse to be located at the above address in the City of Wheal Ridge. Our agency curzently owns and operates two such facilities in this city. Wo would like to request either a Temporary UseUse Permit or a Variance) Waiver to the city Ordinance requ¢ement stating that (bore cannot be more than one group living facility per `disability' in each district within the city of Wheat Ridge. In speaking with you, it has been detennined that the address of this property is well within the "distance" regulations { 1000 feet) required in the city of Wheat Ridge. This requirement has been and is currently allowed within the federal Fair Housing Act. Any other requirement pertaining to location of group homes is not, and it is my undorstanding That the city of Wheat Ridge is looking at dropping this requirement &ona their Ordinance for that reason. We Hood to opon this homo (as part of downsizing the large Johnstone Developmental Center, also located in Wheat Ridge) in late August if at all possible. We are asking for this request to be honored via a Temporary Use Permit or aVariance/Waiver, as we would not be able to wait the titneSines that would be part of the city process in dropping the abovo requ¢cmatt (lost ilic city Otdiaancc. The state would like to see the doors closed on the Johnstone Developmental Center by the end of August. For that reason we arc pleading to be put on the August agenda for rovicw of this request. We have proven to be good neighbors in all of the group homes we own and operate, including the two we cuttentiy own in the city of Wheat Ridge. We have enjoyed a good working relationship with severat people from your city o!I'ices and look forward to working with Ihem in the dcvclopmcnt of this new home. If there is anything else you neod 4om mc, ploasc call ma at 467-2023. I am faxing this to you today with the original to follow. This is as per Glenn's recoaunendation so that these requests mould be `published' on time, thus increasing the potential to be a part of the August Board Meeting. Thank you Merideth. Sincerely, ~~ /~~ /rl~~` ~~s'~tftift/ Maureen Tolaas, Director - YOSliecling and responding to the choices of people with developmental disabilities a77$Herlan Strgat. SUIIB'105 • Wheal Ri4Qf, ColUrep0 a0U33 • 3031467-2023 an Egva1 Onnnnunhy Fmplnynr MEMORANDUM To: Planning Commission From: Meredith Reckert, Planner Re: Case No. ZOA-96-9/Group Homes Date: August 9, 1996 4 WHEq~ ,° ~'~. ~ o ~, U m ~~C ORP~~ Attached please find background information and proposed revisions to the City's group home regulations. Both documents were prepared by the City Attorney's office. In the ordinance, new language is underlined and deletions are st~k~-t4~eagfi- The primary reason why this proposal is before you at public hearing is that the City's current provisions which regulate GROUP HOMES for certain classes of people, are facially unconstitutional. A recent US Supreme Court decision determined that government regulations which treat GROUP HOMES for "handicapped persons", "developmentally disabled persons" and "mentally ill persons" must not be dissimilar from those regulations which apply to regular homes for families. Generally, we cannot impose different standards or processes that are not equally required for any other dwelling occupancy. As an example, a group home for 11 developmentally disabled persons cannot be treated differently that a home for an 11-member traditional family. Hence, Assistant City Attorney, Robert Widner has drafted the attached memo and proposed Council Bill. In summary, it proposes to do the following: 1. Amend the definition of "FAMILY" to ^inc~l de federally protected persons, (Section 1). Fct,+i~. ldx (,fit 2. Amend the definition of "RESIDENTIAL GROUP HOMES" to exclude federally protected persons, (Section 4). Amend the various locations of the Zoning Code to delete references made to federally protected personsfrom "RESIDENTIAL GROUP HOME" regulation, {Sections 8-11). 4. Amend the specific provisions for SPECIAL USE PERMIT, where still required, to be consistent with our normal SUP requirements set forth in the Zoning Code Section 26-6. (Section 11). A representative from the City Attorney's office will be at the meeting to answer questions. MR:slw attachments } MEMORANDUM _-- - TOc GLEN GIDLEY, PLANNING DIRECTOR FROM: ROBERT C. WIDNER _ DATE: MARCH 22, 1996 RE: REVIEW PROCEDURE AMENDMENT FOR GROUP HOMES Some time. ago we discussed that the proposed group home ordinance should be further amended to "streamline" the review procedure language contained in Code § 26-30(P). Because it has been sometime since our review of the group home ordinance, I need to confirm-with you the intended amendment s_o_we are on the "same page." QUICK BACKGROUND _ _ _„- _ _, __ _, As the proposed ordinance is presently drafted, there are S types of homes: 1. Fair Housing Act (FHA)-protected (Handicapped) Homes 2. Homes for Developmentally Disabled Persons 3. Homes for Mentally Ill Persons 4. Group Homes for Elderly Persons 5. -Group Homes for Children Because the FHA requires local governments. to provide "reasonable accommodations" to handicapped persons, any number of such FHA-protected persons are permitted in any residential 'unit in a residential zoning district in the same manner that families_of related persons would be permitted.- These. homes are" therefore exempted from the definition of "group home" under the proposed ordinance and are not regulated... _ Because developmentally disabled and mentally ill persons (as these terms are defined by the Colorado statutes} would also qualify for protection under the Fair Housing Act (that is, they are also FHA-protected Handicapped persons), there is little reason to create a separate classification for these persohs in the ordinance. Therefore, developmentally disabled and mentally ill persons are exempt from the definition of "group home" under the ordinance. Any number of developmentally disabled acid mentally i11 persons are permitted in any residential. zoning district in the same manner that families o£ related persons would be permitted. These homes must be licensed by the state of Colorado; because the state limits the number of persons within the licensed home, there will-be a limit on the. maximum number of persons within each home. Because the state statutes protect group homes of fewer than eight elderly persons, the ordinance creates two separate classifications for elderly group homes with: (1) eight or fewer persons; and (2) more than-eight persons.- Elderly homes with eight ACW\53027\149391.1. - or fewer persons are permitted as districts. Elderly homes with more special use review. ._ a use, by right in residential than eight persons must undergo Because group homes for children are not protected by either - federal or state law, these homes must always undergo special. use ~ review regardless of size. SPECIAL USE REVIEW AMENDMENT I understand that you would like to use. the special use review procedures described in Wheat Ridge Code ~ 26-6 instead. of .having the group home review procedures which are presently contained in § 26-30(P} This revision would merely require deletion of the special use review procedures- that are in .§ 26-30(P} and a reference _to § 26-6 as_-the__ appropriate special use review provisions. -_ Please confirm for me that this understanding is correct- As we discussed; I_ will have the revised ordinance to you by the end of the month. RCW\53027\149391.1 or fewer persons are permitted as a-use by right in residential districts. Elderly homes with more than eight persons must undergo special use review. Because group homes-for children are not protected by either - federal or-state law, these homes must always undergo special use _ review regardless of size. SPECIAL USE REVIEW AMENDMENT _ I understand that you would like to use the special use review procedures described in Wheat Ridge Code § 26-6 instead. of having the group home review procedures which are presently contained in § 26-30(P}. This revision would merely require deletion of the special use review procedures that are in § 26-30(P) and a reference to § 26-6 as the -appropriate special use review provisions: - Please confirm for me that this understanding is correct. As_ we discussed; I will have the revised ordinance-to you by the end of the month. RCR\5302'!\149391.1 - - - - - -- housekeeping unit. Section 2. Subsection (b) of the definition of "Residential. Group Homes" contained in Section 26-5 of the Wheat Ridge Code of-.Laws -.which defines "Group Homes for the Developmentally Disabled" is hereby repealed. Section 3. Subsection (c) of the definition of "Residential Group Homes" contained in Section 26-5 of the Wheat Ridge Code of Laws which defines "Group Homes for Elderly Persons" is hereby renumbered as subsection (b) and amended to read. as follows: Group Homes for Elderly Persons:. This is a residential facility established as either an owner- occupied or.nonprofit group home for the exclusive use of persons sixty (60) years_ of age or older who do not need skilled and intermediate care facilities, plus no more than RCW\53027\141532.1 two (2) live-in staff persons employed in the care and supervision of such elderly persons. Section 4. Anew subsection (c) to the definition of "Residential Group Homes" contained in Section 26-5 of the Wheat Ridge Code of Laws is hereby added to read as follows; mentally 111 persons. as defined by C.R.S. S 27-10-102, residing in a group home which is licensed by the state of Colorado; and such additional necessary persons employed in the care and supervision of such handicapped disabled. or mentally ill persons.- Section 5. Subsection (d) of the definition of "Residential group homes" contained in Section 26-5 of the Wheat Ridge Code of Laws which defines "Group Homes for Mentally 111 Persons" is hereby repealed. Section 6. The following definition of "Non-profit group home" is hereby added to Section 26'-5 of t_he wheat Ridge Code of Laws to read. as follows: Non-profit group home. A group home which is owned and operated by a person or 3 RCW\5302"1\141532.1 handicapped persons as defined in Title VIII pr the Civil Rights Act of 1968, as amended bV the Fair Housing Amendments Act of 1988; or organization which is exempt from income taxes pursuant to section 39-22-112. C.R.S. Section 7. The following definition of "Owner-occupied group home" is hereby added to Section 26-5 of the-Wheat Ridge-Code of Laws to read as_follows: .Owner-occupied group home. A group home which is owned and operated_by an individual or individuals who .actually reside at and maintain their permanent and primary place of residence in the group_home. Section 8. Subsection (B)(3) of Section 26-10 of the Wheat Ridge Code of-Laws, entitled "Residential-One District (R-1)" is hereby amended to read as follows: (3) Residential .group homes for eight or fewer - ~""""' lderly persons. (See section 26-30 (P) and section 26-5 Definitions.) Section 9. Subsection (B)(6) of Section 26-19 of the Wheat Ridge Code of Laws, entitled."Agricultural-Two Zone District Regulations" is hereby amended to read as follows: (6) Residential group homes fora eight or fewer ' "''""„' .- r lderly persons. (See section 26-30(P) and section 26-5 Definitions.) Section 10. Subsection {B)(13) of Section 26-20 of the Wheat Ridge. Code of Laws, entitled "Restricted Commercial-One District (RC-1)" is hereby amended to read as follows: (13) Residential group homes fora eight or fewer """_"" ' _h lderly persons. (See section 26-30 (P) and section 26-5 Definitions.) Section 11. Subsection (P) of Section 26-30 of the Wheat Ridge Code of Laws, entitled "Residential group homes" is hereby amended to read ih its ehtirety as follows: RCW\53021\141532.1 (P) Residential Group Homes: (1) Residential group homes for eight (8) or fewer deg,~elsaFne-~tzwll~~dssa.~Led~ersoes, e;ei~-r?-?~= ~_r__~_ __ _`=- elderly persons. Sn accordance with C.R.S.; 1973, as amended, § 31-23-303, group homes. for not more than eight (8) a~-:o'_--~:~-`-"-~ ,. L... ,-..-.--1 dise~led, _ elderly persons ' __- _-r -__ ____ T~ mt-.: ,. a ,..-..- : -_---_r- ., , : , : f _______- , ,. ,~ i.... . T.... ____- _- _- __-___:.___ _._ ______ _.1 _-:___-:_- -_~ -___ ~ i~ ` € € eaxe-S i2 S- cfk a~ lr~~t ~ n 2~ , t i h€ t? ar re a an - e~. e-~ --aze~e ~a~r e g ,,,,...,.,. 33 23 38~ Ez 6 ...~....~..,,.., a:,.~~.,, .a,i ~ - ~ . § - rieea~e t-13ose-ge~se~rs€ ~g~ere~ra l-pa ~ w ' ne~rsenus~ee lar , ~te~€a_ _ e de r i - . . ` - - ~ 11 F d~ bl d d l ~ ~~l ~ a~ ~ - sa e e~e e ~~ ~ d i d ~ r t s ~xe t - e b ~ - es- g:3e a~e r €ee era '~ tz r i t -t=- se as ~= ~ e e€ e ~3te w ~ ~ ~rcer}s s- ee: e ae er - t ?l - €~ d l ~ f € ~l d -` - ~, ~-~ eet ~ sr e- e~e ap~aen ~ - ~ i 3r i ~ sa e 1 ~-:,.. ' ~~m~ ~ ~~' s c~ a-s ~ ae~r rem=~ a e ~ l 1 € i l l ~t t--~ -- _. - ~ ,. _ ~ ~ , , , ~~s ra mee - e~ a Ze -=z~__ - €~e-lo~area smell-~e-a- -at}s•iar~e€ €i=t eems €~re~ele~e~t€all~~--d-~sa~~ed s3~a_'_ ~e eiese~' Inc'as-`t=-'x~v-sezxa--cz""~~€e e~ ~zex~c ~ t, .-. ~ a.-...,. , ,........,,... ~ -, , , .. a~~~ grettp--~Ceme €er the --. ---F-..------, d€sea~~~~re~laee~ €han sere~~ea ~ r € t~~{~5-8~€e e € -e'vexvpxxxert eeexxy-erratf-rx ee~~~cs., .,..., L,.... ....~.. ..._... ,a-, h_n e~ ease€~ d}s€~~e€. ~ G F U ~ ____-_ _-_-y____- __ ____=y___--_ ~__ RCW\53027\141532.1 'S _ _ organization which is exempt from income taxes pursuant to section 39-22-112. C.R.S. Section 7. The following definition of "Owner-occupied group home" is hereby added to Section 26-5 of the Wheat Ridge Code of Laws to read as follows: :Owner-occupied group horse. A group home which~is owned and operated by an individual or individuals who actually reside at and maintain their permanent and primary place of residence in the_group_home. Section 8. Subsection (B)(3) of Section 26-10 of the Wheat Ridge Code of Laws, entitled "Residential-One District (R-1)" is hereby amended to read as follows: (3) Residential_,group homes for eight or fewer _ N~~.,.,...., ~~ ~ ^lderly persons. (See section 26-30(P)^Yand section 26-5 Definitions.) Section 9, Subsection (B)(6) of Section 26-19 of the Wheat Ridge Code of Laws,- entitled "Agricultural-Two Zone District Regulations" is hereby amended to read as follows: (6) Residential group homes for eight or fewer '°""" ~~~, .. T, 3 ^lderly persons . {See section 26-30(P)^Yand section 26-5 Definitions.) Section 10. Subsection (B)(13} of Section 26-20 of the Wheat Ridge Code of Laws, entitled "Restricted Commercial-One District (RC-1)" is hereby amended to read as follows: (13) Residential group homes forte eight or f ewer ''""""" me 'ter lderly-persons. (See section 26-30 (P) and section 26-5 Definitions.) Section 11. Subsection (P) of Section 26-30 of the Wheat Ridge Code of Laws, entitled "Residential group homes" is hereby amended to read in its entirety as follows: 4 RCW\53021\141532.1 (P) Residential Group Homes: (1) Residential group homes for eight (8) or fewer ,,, ,. _, , . ,.., a r Th' - :a .._ ~; _ ~ rte.-,;,:~., ,; „ a i,... ~~_ state-€e~ € ~e - # id4 } stz€-°-Bare- s ~t ~r r~ ~ = es e o ~~ev i £ ~:c~ z~- i ~e.~ } a~-~+r ~'ehah i} e it-a - e ti ~ sr~pe~v s e~ t ; t Bra n ~ ng -(8-i~ t~}e me n€a l} e ~ o ne mere di ~l ~ ' - ~t ~ , p ade~it}ena} r e i d ~ sa ee ~ t €€ ~ e~ s d € e~s i d a i E R S ~-3~-~ p -3 a 38 re 3~ ~ s a s - } n t }l e ~ ne i a' s ~'L - - - ~ean~~hese- ar9 e~ s- e ~e op< e~ -a -h ~ i ' ~ ~ } s~a ~ } e ~tettremrxsert?-a g ' t } a r ng ee~ e t 'd t ra tea i sue e }}e s ~ ~ , me ~ n a _e a~ at ea~ h -att € t se} ~a h ~ p ~ aes .e}e mes€a }} • d g i reep-- eme €•l d h }} er € e ~ ; ~ a~'e?3}teete a ~ }} i- d sa i e s a ~ new e ~ _ i~teeesistet~t ~ wi-t n es -t g:~e se a ~- h ~ s to € e i s~tr~u=}d}s r:e i h h h e arae ~ d ~ r e ~ t e g g e r ee . r~= gra er ~ ad ~i~ iena}} sh } _ } t th ~'- t` ~ , ~~ a ~` - a- ` } mee e } h } } € €} t € ha~ ld~ e ~ a e~f-1~58~-1-e e a m n ' € t mem e € ~ tee~z f d ee n~ }sed cvit?~is t ~aa~ e ee h h £d er eae -.. = e € th e-e}e ve}a mesta}} e e.~.e. e -d} d} ~ ~r ~p a~a: ~ 3 } `~ ~ ar ~ e= aser g t~r n t~~ y sa e s th ~ (-~ sa . BBa ~€ € an e~~e u e r re~x --hem eusa - e € ' ~: - ee~ d ram e~} sad} ~ p ed-and n e~ :e } ' ti - ;.:;o~ '°° -Y =i €€ F e -{-75F~€ee~ a ese~ ~ rs ~e se € ' ~ e} ~ Qer} and in a grer~ } t ~~- e~ h }} ' € ~ ~~ n e ~s a~ee s a me~ e t ar~ w~i~ni~eaerr~~-~==il-~s~r}et . eeee}rzs}~e rtse-, e€ t~e~ mere- than e}ght .($~- pe-rs,nnn !iixi_~i f[n) ji_1..~ :F ~~... ..~ ~,a,..,, ::`'.. de set need s3ei~}ed-~a~~interfnedr~t~ ~ ease RCvI\53027\141532.1 _. _5 elderly persons. In accordance-with C.R.S., 1973, as amended, § 31-23-303, group homes for not more than eight (8) i;,N-~., d}sad}ed xie~a~-}y-i}1-pc~'sei~s-tea elderly persons tae€}}g' es-~}tts 3}a ~e3:e `L,-z-~-~;:a-~.~-} }eve s~a~€ se}saes ~ weep ~3ente €e3- e' ~-~ ~ +-L.. a.. .,.. .-,......,.... , --., ,.. a;s.-.L, ..a ., ..a :..,_-..L, _ e3" }} ~ iv~ t",••.•,• - _. e 633e ~'-- -j-- g~ X339 c Ffl93• a a33ee 9 ~ ~ g e 3a €}}r3ess, as g~3a~ ge~-e }s ~e€}33e~~~- § ~'L~8 i 9~, }zeeese~ ~~~~3e stage €e~3e 3•e33a~}}}gag}ee ~e ee ~s e g~a33~°r sga`~ ~ Q3^633g^ t3eme €e-- gee-~`-a•}}~~~ ~ ee33s€s`eeg ea€grk g}3e e~3a~aege~ e°-ca2 _._______T ~LL _L a T...a.. .vv~...-~ ~n~mn -.. _._ 3•e~€3-eme~gs e€ a sx33~}e feer}}~• ~3eme _~a a~rz}tea}1~•. s~}}--eeg gee __~~'___M,...~ ~L_~ `3e }eg a ea 9~3}} ~e a ~}~~3Ett3EFt e€ ""~~~ h~te~~e~--~~,599~ s~rta~e €eeg €e~ ,-~ a t}~~}e c€e ~sme ~ie-9=eeg ~eme~-ems' t, .., ,.. :,, ,. ~....,, t,,, ,,,,,,, ,,,,a .., .. fL-.... ~~= is i ~ ~ € ..... <......,. ,. ~ v, 2,,~,sny - r L. ,a....., ..- a,,...., .. .mot.., ,.. as ..,L, _a a33a-' x339 ~a33ee e~3a}~ ~ffke~'e ~~'3ai3 aee-{~~- _. RCW\53027\141532.1 - 6 _ (2) Residentia]. group homes for nine (9) or -more den=elsprrten€a~3~~disa.€1ed~erser3s er :elderly persons. Such group homes, as :defined in section 26-5 and described and conditioned under subsection (P)(1)-(~- of this section, but where nine (9) or more develepmen€all~ disab-l-ed--ex elderly persons are to occupy a. group home, shall be permitted. only upon approval of a special use permit, after public hearing by the planning commission and city council in accordance with section 26-6(B). xxx~-cacscioi: c6 ~~'3e Sca33~....~~9 3RD ei~~te~'Y$ 52~ _. a~:c-3-elde 'l e~se~rs t~ se~ , , ....: ~~ ,.~,.., , ,~,. ~~ , ~ --- L _ J ..... ~. ..~~.n • ... r... ~... r. .n .. U.,• hen .~. ~ ~ ~. 1 1-.~.~}:-~., .. i. .. F.. 4L. .. .....n-. __~____~~_1 ~__-__ ____ r_ } > ~ i~ - _-____~ -...r ~___ __ ___- i: 3 € ~ w 3e~z eeas eemmea : .., : s- -r _ `_v..~_~. ~g ag'g~r~ e~ e ~ i€ - ( 3 ~ l e€ €3 ~t- ' '_ ` ' = e - a - g g ary ~e s e- _n _ ~ _ _ ,a,a..~~-„-:,. n~~~-i Axt Ant t 3f :~11 rxi g~ii,a e}re~rla t4e~} -are , btr€€eri reerea~ ng, 4~al €ee- €a ees, e~l~t wills, ies and- ewe-; ages s ~ ~r-a3h ~eeeg ~ael e ; e ae.~- at~e~ g~e.ea l €e at-rr~ es th eme--~cigh p -_-__-__ ___ ..... _ ___ ..... ___- - ____._____ __ __ 1 ~- 1.... .., a r -. ,. r : , : ~- . . - ___- r__r ___- ___> __-_i _ RCW\5302"1\141532.1 7 -- - -- - 1 k~e Faet that the agene~. L-. .. 'l ~ cis.. ,..~.., ...~.. .~F- L.. ,].... 1-.. .,L z. ...L. `. _._~_ ____~_ __ ____ ___-_-____ _ - a9 633.9~~e -_ - - - - ..L -., ,. a.. 3 `the nrzmber a€~ersens `er ••'--~ `L~ 3teense }~s-be~eg~~ 4 L, -. ~-.. ..F ~-L~ r~ -- th € ~ ' '= - e e yes e -(e~~-~ TC~ ~ ~ F ~ y ~e-ir c - v-r~5 tivcm~~ `--mvrc 3~Yc -6 ,,.. .,'_ t~" .F ~, } r ~~: ~ e 52 rte E - (3) residential for shall maintain a minimum lot area of .fifteen hundred (1500) square feet for .each child residing at the home, shall be located no closer than two thousand (2,000) feet from another group home of any kind, and shall provide view-obscuring screening of any additional structure, such as a trash dumpster or playground equipment associated with the group home, which is inconsistent with the character of the surrounding neighborhood. In no instance shall more than one .(1) such group home be permitted per each council .district.. A residential aroup home RCW\53027\141532.1 -- Residential group home ,for children. ?n=s..}s a ~esie~e~t}a' €aeil}t~• lasr€ttll~-licensed-ems eerti€ied by-de€€ersen Eet~nt~• 8ee=al 8erv~ees - Af ~ -r, ar~i ~~ - - - --- - -(-~}'-'?~ 94t - } € $ ~ ~ _ . e ~ ae ~e ~ert ` e b d iC-9 i ~c8 ~i ~ ?-e~ a~c~ ~ p p ~ eun ar e s a ar ea leek}er: aid t t € }} } t= an~ ~e d e~ ~ } e~r ~ ~d} - a - ~ } s- ~ te g pese ~ n~ s; t ma y-a e}~et~}atien area s, ? ~ana sea~ i~ -a nQ bu€€e~}er €ene e a ll t g, s, i a s, e e . , -_ r~e~Qa€~}era} €a e}}4~ ~es aa d-- -ep z~ s aee etttde } e ~ } }` ~ p , r - ' ~ , ~e _ - t~as3~ reeep €=n~ _ cs; er ae~ -- at~ er p~s~-ea} €e a€rsre s t~ ra~t x{ig kt he 3~ ident}€~tk~e e~p <%te a ~ai~ ct2 =~ € :~ ".., pror,~ -f-b) ~!-?-eater €rem the , : . L F~l l.-.. .<... J -the sae}}its-wlt-h t-l~e _-. ~L_vm,.~:,.... ~~ ~ e ee}a} steeds e€ tl~e r -es-iQe~~s =§ . p , e ~rc . as e~-s}te se~:e®?-}n er=~~ :c g a~td a€t € }}iti d d ~ ~, 6 y ae QS~ tee e e~ ee - -~____ -r-____ ._____. - ..i..: , a.'.. czrrx~a~ c ., rrc ... - - - ~' "'"~ r__ t b r ____ r________ d € _ ~? ~ = r o e e--~ use J ,~~ ,~ .= st~a€€, ra€ati~-s-t o-€F (4)~e-?- Any special use permit granted-pursuant home `_= `_"__ =_____. shall be limited to its effectiveness to- the applicant therefor, and shall provide,- by its terms, for termination upon cessation of ownership, management or use _of said applicant. The. limitation specified in RC,Y\53027\161532.1 9 this subsection (P)te "~ is deemed necessary by the city council in order to maintain the maximum lawful authority over the use and user approved by any such issued special use permit, .and is deemed necessary to protect the integrity and character of surrounding properties and neighborhoods. I~t~~~e~te-a~4e~e _, adverse of€ect en tn~re:ri~~4al ~~1' ~r __-__ ~-{~- The special use permit for any residential group .home shall be for a term of one (1) year, and shall be automatically renewable by the director of the department of community ~• development upon receipt of any ~ application for renewal if,_ following review of the files of all .city departments and those of the county department of social services, it is determined by the director that no written verifiable complaints concerning the operation of the group home during the term of the special use permit have been received. If one or morea~-sue written verifiable complaints have been received, the .application for renewal must be heard by the city council under the same requirements- as for a new special use permit. Section 12. Safety Clause.__The_City Council hereby-finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of wheat Ridge, that it is promulgated for the health, safety, and welfare of-.the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a RCrt\53027\141532.1 - I~ r__r____. ~___~ ~3effl2~r'vQ~a'a--c~'3 "n~d2 ~~llC:~" ~,~'•_'i`'SE~zEc. rational relation to the proper legislative object sought to-be attained. Section 13. Severability. If any clause; sentence, - paragraph, or part of this Ordinance or Application thereof_to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this. Ordinance or -its. _ application to ,other persons or circumstances.. Section 14. Inconsistent Ordinances. All other ordinance or portions thereof inconsistent or-conflicting with this ordinance or - -- any portion hereof are hereby repealed to the. extent of such inconsistency or conflict. Section 15. Effect of Repeal or Modification. The repeal or modification of .any provision of the Code-of Laws of the City of Wheat Ridge by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held _.- as still remaining in force for the purposes of sustaining any and a11-proper actions,. suits, proceedings, and prosecutions for the- enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any„judgment, decree, or order which _ can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 16. This Ordinance shall take effect fifteen (15)- days after final publication. INTRODUCED, READ, AND ADOPTED. on first reading by a vote of to on this day of 1996, ordered - publshed in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1996, at 7:00 o'clock p.m., in the Council .Chambers, 7500 West 29th Avenue, WheaE Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second -and final reading by a vote of to, _, this day of , 1996. - SIGNED by the Mayor on this day of 1996.- - , -. DAN WILDE, MAYOR RCw\53027\151532.1 1 1 ATTEST: _ WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat_Ridge Sentinel Effective Date: RCW\53027\141532.1 1 2 ! !: NOTICE OF PIIBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on September 12, 1996; at 7:30 p.m., at 7500 W: 29th Avenue, Wheat Ridge, Colorado. A3,1 interested citizens are invited to speak at the public hearing or submit written comments. The following petitions shall be heard: 1. base No. WA-96-29: An. application by David Kaiser for'the approval of a 25' lot width variance to the 100' lot width requirement and a 650 square foot lot area requirement to allow a duplex on a property zoned Residential-Two and ._ ~____- located at 7765 Three Acre Lane. 2. Case No W.P.- 6-31: An application by Dungarvin Colorado, Inc. for approval of a variance to Section 26-30(P) Group Home Regulations to allow more. than-one group home for the developmentally disabled in Council District III for property located at 11590 W. 39th Place_ 3. Case No. TUP-96-10: An application by Greg Jeffreys for Chesrown Automotive Group, Inc. for approval of a temporary use permit to allow vehicle storage and employee parking on property zoned Planned Commercial Development located at 3601 Wadsworth Boulevard. ti ~ Mary ou apla, Secre ary ATTEST: i ~.. Wanda Sang, City lerR~ To be published: August 23, 1996 Wheat Ridge Transcript ~ ,.., mart' wu..nw+~^. . NOTICE OF PUBLIC HEARING Notice is hAretiy glyen of a public hear ~ ATTEST - WanEe S9ng City Clark` ' ansuipt 186136 Ritl T ing to be hheld' ore the Yfheat Ridge, l2 ggee r Whea[ "PUbfibhed AGgust 231996 ,'- ; BaarO O},Atlju3tmant on 8eptembar ., H~~~ . ~' ' ~. . .. P .,x e P.O. 80X 638 ~ ELEPHONE: 3031 2 3 7-6SR4 The ~y Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge August 28, 1996 This is to inform you that Case. No. WA--96-31 which is a request. for _approyal of a variance to allow more than one group home for the developmentally disabled in Council Distric III for property located at 11590 W. 39th Place will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 P.M.__ _ on ___ September 12, 1996 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire'to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City' __rrr _I +~ltr - - _.. ; c.J z ~~ ~ ~~ its ~:~~j~~117 C ~ ~~ U ..p t. __...__ .- O ~, ~~9~ia:o^s s~ ~ C' c0 ~ mA I ~`~. ° 9 { xyS li$,:'t~~',.~ C4 p I C -_ NNW ~ L ~ e7S OVA _ ..-. _j ~~~ ~ ~ 2 !~ Z I SS3l100tl NliN ,~~~ ~iy„!C 1.1v, ~„ ~ l_ (/S ~ OJ. 3dOl3AN3 d0 d01 J .I ~ ~ ~ Z ~ . ,~~_~ ~ o ,~,.I W Y J i 4 1 ~ ![ m . o 4 M a 0 ~+; u°wl ,'~? } ~ ~ ~ ~ r~ ~ ~ a o ~~ ~' ~~ kT ~/ 4J +J .~~j;,y 1./~ 'I FG M b0( ~ W ~ . ~ ^v l N ~ o I w a~~ ~ O v1 a¢ N m s i1 ~+ X11/ ~ ~~~~yy U ~~ rr I-- a W U W Z i~ W N n m N W O W ~ O W O O = U N ('} ~ ~ w a= n 3 v o> ~w ~ w ~~ u N o ~' W ~~ W d y?a 1 ~6 V d0 J.t+Oia jnz 3NOIlS 30tlld ilNtlJklOdW `o f6 w. ~ Q. ~ ~, •N ~ { V rt+ ~i ~ ~j II i ~~ ~~ Rt 8 L w~v M ~ = U ~ F U 2 W Q Q N (n 928 C'Ch ®9h rj i N V i Cn N y I O ~ M i O Cn a -- ---- 1 ~ - -: =» P 96D 413' x-93 C~ m m m U ~ '~7 Z -i n v A m y ~ ~ O $ ~ r i' W ~ a O O w H ~, ~ E ~ E r a n°F N .. m y N .~ ~ z ~ n ~ ps ] 'J m T OYO P 960 413 829 7] W O O W 8 c 0 N ' w ~/ ~. _~ Q P P O IMPORTANT ~ ~Yj rM,, . y'+S m m m C m n ,~ m ~ ~ o " vi g a oo ~ v mF ~ l ~_- .P 960 413 83~ fn m m m R1 ~ m z-I z m ~ ~ F+ Q ~ ~ o n ni o ~~ ~ ~ p =~ c ° g 'o y~ m ew e s" ~ m o w ; + R ~ an g m ~ ° r+• ~ m ~ ~o ~ a < a H > g a om ~ \° 9 °m € ~ a _ ~ _ m W [ ~ ''<" I O o 3 a R N rt e ~ m PLACE STICKER AT TOP OF ENVELOPE TO P !, W ~ ~ _. -n W ~' ~ n ~ 3 ~m ~° c ~. ~ m 77 Q D ~ ~'. 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N ~ _ .: M V3 ~ ~ m _ @ ~. m. a .. ~ c ~ D ' ~ v o ~ `~ '3 3 "~~.- W ~ CO S9 1,x C w m m. 1 - Y ~ ~ 4 ~_- Q ~ j~ ` £ +. i ~ _ O ~~ N g y ~n (G .~. _. si ~ 3 0 0 c X ~ o -~ ~ ~~ fz y n o~ m T O m ~ n ~ A ~ ~ m I ~ _ ? ~ - ._ ~ ~ y It ~~,' n ,7J w ~ . . W m ~ C iu t- ~ ~ 3 ~ ~ _..__~ - D ~c f r'"~y, rNn m o 0 ~ _ 'J ~ C \ _ ~~a-L ~? 3 t+~ t.. y o '3. ~ m o ~ g _~ ~ ~ ~ ai ~ ~' - __ ~ m ID CCIDOO _I ,1 Z _ d o ~ ~ ~ _- ~ Q n 1 ~ ~ '- ~1 • ~+ 3 ~° ~ g 3 d ~ -~ , n --- -- f ~.~ ~- _,_~ _ ~ ~ w • • • y mangy m D ~ n ~ ! mL' ~ ~~~'~.m m 3 c m v ~ ~ ' u' :S ' ~ ti { + . A ~ 3 ~ j W ~ K f C P W w i.A m N , 9 S c r'~ 2 _ ~ •~ f 9 ~ _.. ..__. U ~ _. __. S 3_ _~ ~ rn Ut W _ • • • y O n m i ~ : ~ 3 ~.~ ~m . m .. _- m ~i• W ~ :J~ R ~N a m 7J o ~ ~ T-i C R ~ ~ i g .'~L Q j ~ ~; '~ o o F '~d $ G K ''~' ~ m r3 ~ ~ ~' _ I + ~{ ~. j u ~ - ~ U a J R m _ $ ~ ~ I ... I d ~~ , _ ~__ { I m ~ ~ - I m ~ n ~° _ z'~ 3 '° 3 i ~ A iY °~, P 96D 413 825 ' (n ~ ffi l! Z 9 ~ m ~ ~ E T Z m y z ~ I W 111 ~ °o ee ~ ° ~ ~_ ~ I Af { ~ ~ r [~ NO m h3 ~ ~ m OT= '.~J`` v0 ~ + 6q Q °an g m <o ~ ~ ~ [ C'1 ~i i ~yo ~ c a^' I O t1 ~ " ~ ~1 fig ' ~ ~ . y~ ~ i . r N flp - °m ~ F + c ~' _~~_.~ view pai;i;aa~ ~o; ;diaoaa ~r m~ a_m ~y 2~ y O~ mm SJ S ~' ao Z9 O~ OT mz mm r O 'm O _~ ~ k -~_ D -- aoinlag ~e}sod Sfl 008E WFJOd Sd .ces88 x8 046£ lltlW ltlNOI1VNtl31Nl NOtl 10N .011N3S -O OO NvbOSN~ ~S33d ONtl 30Y1SOd'Ib101DNtl 30V1SOd'Ib101 3DI/~L3S 1d13D3tl NdfLL3b+ 333 031dI1b3D Ab3M130 - Ab361130 dD SS3bOOtl 1d303tl 03L^Ib153b ~aNV 31tl4'VJDWN 0I MOHS Ntll113ii 31tl0 00 AOVW1SOd 3DVisod ~Q a C m ~ 1 t 1 o -rt 'c-' __ W (b ~ `."~ Q' .. n- °- z~ro~F- 3 ~ ^~~y _ ~ m n m o a m n < f. ~ () y ~ ~ 3 ~ y ^,0 N Q N ~ ~ N O A N N s~~~< ~~ a=s N ~~ W LE7T~~2- of pPp051 "~"a Ot1~ September 3, 1996 Planning Division City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 RE: Case No. WA-96-31 Variance to allow more than one group home Boazd of Adjustment: I am unable to make the September 12, 1996, 7:30 p.m. meeting regarding the requested variance to allow more than one group home for the developmentally disabled. However, I want to voice my concern on this proposed variance. We do NOT need or want this variance. When we purchased our house in October 1987, a primary factor in our decision is to live in a community of single family homes, not group homes for the developmentally disabled. Wheat Ridge has a history of protecting single family housing, and clearly our home is our largest investment. I know variance proposals are touchy subjects, especially for residents that they affect. Please consider existing residents and do not approve this requested variance. Th you, ~~~~ ~_ - Raymond J. Ciarve a 3918 Simms CT. Wheat Ridge, CO Please do NOT approve this variance. it z,. ,:r•~T~( OF'WIiEAT RIDGE n;~nn nr~ _.SEP ~ ~ 1996 P~NNI~& DEVELOPMENT CITY OF WH ~ ^T RIDGE ~~ ~n fir? D SEP 101996 J ~+ ~,pNN~N & pEVELOPMENT McLaughlin's Applewood _ Homeowners Association 11654 W. 40th Circle Wheat Ridge , Colorado 80033 The City-of Wheat Ridge BOARD ^F ADJUSTMENT September b, 1996 Re: Case No. WA 96 31 Dear Board of Adjustment Members: The McLaughiin's Applewood Homeowners Association consists ofi 51 single dwelling residents with property values between S250K to over X500. We also have many small children residing here. On behalfi ofi the interests ofi the Association we would like to STRONGLY OBJECT to any consideration on your part in granting a variance for a group home at 11590 W. 39th Place. This address backs directly onto our subdivision whose entrance is at 38th Avenue and Simms Court. REASON: This is a residential area whose property values are higher than the average fior Wheat Ridge, which we don't want to see devalued because ofi potential problems with a group homes existence contiguos to our subdivision. Just the passibility ofi the home being approved has resulted in numerous homeowners expressing grave concern. Additionally with many young children in our area there is concern about higher than normal risks involving the homes residents. In summary, we don't want a group home at our back door...ifi you have to do this, put it some where else. yyyArs ru , ,,/~~ Edward Behlke President cc: Don Eafianti City Councilman CITY OF AHEAT RIDGE MEMORANDIIM TO: Mayor and City Council FROM: Robert C. Middaugh, City Administrato~~_- SIIBJ: EMERGENCY ORDINANCE DATE: September 6, 1996 Attached please find a copy of an emergency ordinance that the City Council will be requested to place on the September 9, City Council meeting agenda. The subject of the emergency ordinance is the City's existing group home ordinance. The emergency ordinance proposes to delete the provisions in our existing group home ordinance that limit the number of group homes permissible in any Council district to one (1), and also to eliminate the requirement for a posted notice of an application for a group home. As Council is aware, each of these provisions have been found to be illegal by the United States Supreme Court, and a number of other lower courts across the country. The significance of the emergency ordinance is that there is currently an application pending in District-III, at approximately 39th and Routt, for a group home. The group home in question, because of the current group home ordinance on the City's books is being required to request a variance from the Board of Adjustment to allow more than one group home in District III. The Board of Adjustment is scheduled to hear this variance on Thursday, September 12. Given the respective Court findings on this particular issue, the Board of Adjustment will have no recourse but to approve the variance and as such, the whole application is essentially unnecessary and should not be imposed upon this group home. Unfortunately, notice has already been provided to adjacent homeowners, and there is, some level of discussion in the neighborhood about what is proposed to occur. We are attempting to provide notice to each of the area homeowners that the item will be brought up as an emergency ordinance on Monday, September 9, before the City Council. If residents have a desire to express an opinion, said opinion could then be expressed directly to the City Council in its consideration of the emergency ordinance rather than at the Board of Adjustment meeting on September 12. If the emergency ordinance passes, there would be no need or requirement for the Board of Adjustment to hear the variance for this particular group home application. A9.93 ' 09/06/96- FRI 17:00 Fr1% .705 298 0215 GORSUCH RIRGIS 0002 INTRODI7CED Bl'OCODNCIL Ra~~kR COLORADO Counoil ,gill No. Ordinance No. ~- Series of 1995 TITLE: AN ORDINANCry AMENDING CHAPTER 26 OF THE CODE OF LAWS FERTAINTNG TO GItOU'P HOMES FOR HANDICAPPED, DEVELOPMENTALLY DIS- ABLED, ELDERLY PERSONS, AND CHILDREN, AND DECLAR$NG ,~ EMFsRGENCY. WHEREAS, the City of Wheat ridge desires to more fully comply with applicable laws of the State of Colorado and the United States pertaining to residential group housing opportunities for the handicapped, developmentally disabled, mentally ill, and elderly persona; and WHEREAS, such residential group homes should be compatible in size, bulk, aesthetics, and intensity of use as other residential uses for the zoning district in which the use is located; and WHEREAS, unless limited or prevented by state or federal law, the City of Wheat Ridge desires to regulate, review, and approve residential group homes to ensure compatibility between group homes and existing residents and existing land uses and protect the health, safety, anfl welfare of the City's residents. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: ~ecty ion 1, Subsection (p}(x} of Section 26-30 of the Wheat Ridge Code of Laws is hereby amended to read: (P) Residential Group Xames: (1) Residential group homes For eight (8) or fewer developmentally disabled persons, mentally ill persons or for elderly persons. In accordance with C.R.S., 2973, as amended, g 31-23-303, group homes for not more than eight (B) developmentally disabled, mentally ill persons and elderly persons are permitted. (a) Group Homes for the Developmentally Disabled: This is a residential Facility licensed by the state for the purpose of providing 24-hour atafE care, shelter, supezvision, training and/or rehabilitation to no more than eight (6) developmentally disabled persons and G8D133027V63390.1 ' 09/06/98 FRI 17:01 FA% 303 298 0215 GORSliCH HIRGIS Cg~003 additional required staff. As defined in means ~hOSe23"303, ^Developmentally disabled„ neuromuscularp mental retaxdat3.oneb a tismland epilepsy. A developmentall group home ~ for the architecturally dlsabled shall not be inconsistent Y designed so as to be surroundin neiith the character oi~ the for the de elopme tallxdisabled shah meet all requirements of a single-family home and, additionally, shall meet the requirement that the lot area shall be a minimum of fifteen hundred (1500) square feet for each bed contained within the home, No group home for the developmentally disabled shall be located closer than two thousand (2000) feet from another group home for the developmentally disabled and no closer than seven hundred fifty (750) feet to a group home for the elderly ..-~-- _ - - (b} Group Homes for elderly Persona: This is a residential facility established as either an owner-occupied or nonprofit group home for the exclusive use of not more than eight (s} persons sixty (60) years of age or older who do not need skilled and intermediate care facilities, plus no more than two (2} Iive-in staff persons. A group home for elderly persons shall not be architecturally designed so as to be inconsistent with the character of the surrounding neighborhood. Every group home for elderly persons shall meet all requirements of a single-family home and, additionally, shall meet the requirement that the lot area shall be a minimum of fifteen hundred {],,500) square feet for each bed contained within the home. No group home for elderly persons shall be located closer than two thcusand (2,000) feet from another group home for elderly persons. and no closer than seven hundred fifty {~50} feet to a group home for the developmentally disabled dE0L530271163390.1 -2- 09/06/98 FRI 17:01 FA8 809 298 0215 GORSUCH HIRGIS C~ 004 (c} Group Homes for the Mentally ill_ This is a residential facility for persons with mental illness, as that term is defined in C.R.S. § 27-10-102, licensed by the state for the Purpose of providing 24-hour staff care, shelter, supervision, training and/or rehabilitation to no more than eight (S) mentally ill persons and additional required staff. A group home for the mentally ill shall not be architecturally designed so as to be inconsistent with the character of the surrounding neighborhood. Every group home for the mentally ill shall meet all requirements o£ a single-family home and, additionally, shall meet the requirement that the lot area shall be a minimum of fifteen hundred (1,500) square feet for each bed contained within the home, No group home for the mentally ill shall be located closer than two thousand (2,000) feet from another group home for the mentally ill and no closer than seven hundred fifty (750> feet to a group home for the elderly or develo mentall P y disabledT ~iJCri,Cr`C. (d) Certificate of occupancy: Prior to occupancy of any group home for the mentally ill, the developmentally disabled or elderly persons, a certificate of occupancy must be requested through the department of community development. The planning division shall review such requests relative to all zoning requirements, and the building inspection division shall review such requests relative to the building and Eire codes prior to issuance of a certificate of occupancy. ~ t~'-nm ~,,~E3an ,.~ sec, tin„ ~. S~gection (P)(3} of the Wheat Ridge Code of Lawa is amended to read: OEDl530Z711fi3390.1 -3- 09/06/98 FRI 17:02 FA% a09 298 0215 GORSUCH SIRGIS (3) Residential. group Home for children. This is a residential facility, lawfully licensed or certified by Jefferson County Social Services Department or the State of Colorado, and supervised by Jefferson County Social Services Department, which provides shelter, care and/or staff supervision. A residential group home for children shall maintain a minimum lot area of fifteen hundred (1500) square feet for each ci2ild residing at the home, shall be located no closer than two thousand (2,000} feet from another group home of any kind, and shall provide view-obscuring screening of any additional structure, such as a trash dumpster or playground equipment associated with the group home, which is inconsistent with the character of the surrounding neighborhood. 3-& .n. e._ ....L ~.-~.- _.• •. _ in order to assess a proposed residential group home facility, the following information shall be submitted by the applicant and used by the planning commission and city council is considering approval of a special use permit: (a) A site plea of the site indicating property houadaries and area location and extent of all existing and proposed buildings; parking and circulation areas; landscaping and buffering, fences, walls, etc.; recreational facilities and open space; outdoor lighting facilities; trash receptacles; or any other physical features that might help identify the expected character of the proposed facility. (b) A letter from the agency licensing the facility with the following information: 1. The fact that the agency has licensed or is preparing to license the facility. 2. Special needs of the residents, such as on-site schooling or training, and any facilities needed to meet such special needs. boos aeDLi302711l3390.1 , ~, „ 09/06/98 FRI 17:02 FA% 303 298 0215 GORSIICH %IRGIS - Cfl 006 3. The number of children for whom the license is being issued. 4• The approximate ages of the children. 5. The proposed procedures and methods to be used in operating the facility; i.e. permanent resident staff, rotating staff, owner- occupied residence, etc• (o) ~Y sPecial use permit granted pursuant to this section shall be limited to its effectiveness to the applicant therefor, and shall provide, by its terms, far termination upon cessation of ownership, management or use of said applicant, The limitation specified in this subsection (P){3)(c) is deemed necessary by the city council in order to maintain the maximum lawful authority aver the use and user approved by any such issued special use permit, and is deemed necessary to protect the integrity and character of surrounding properties and neighborhoods. In order to achieve that objective, the city council, prior to granting such special use permit, shall be required to determine that the proposed group home will not have an adverse effect on the residential character and quality of life in the particular neighborhoods of its location. The council may not deny a special use permit for a proposed residential group home solely on the basis of neighborhood opposition, where no valid and substantive evidence has been offered to show that the proposed residential group home would have such adverse effect, (d) The special .use permit for any residential group home shall be for a term of one (1) year, and shall be automatically renewable by the director of the department of community development upon receipt of any application for renewal if, following review of the files of all city departments and those of the county department of social services, it is determined that no written verifiable complaints concerning the operation of the C+-t.OU'3027~I63390.1 ^5- ` 09/08/88 FRI 17:03 FAS 303 298 0215 G0R9IICH %IRGIS group home during the term of Permit have been received. complaints have been received, for renewal must be heard by t under the same requirements special use permit. the special use If any such the application :he city council as for a new section "~. ~;ffective D~,t F Section 5.13 of the Charter, the C ti' yg Coun~~ xQ$ t~~~his ordinance is necessary for the immediate preservation of public property, health, peace, or safety and, to that end, adopts this ordinance as an emergency ordinance, in that it is necessary to bring the affected portions of the Wheat Ridqe Code of Laws into compliance with federal statute and applicable case law concerning local regulation of group homes, and further, to make the procedure as amended hereby available to pending group home applications. This ordinance shall be effective upon passage. Section 4. fever, ab4il, itv If any clause, sentence, ra or part of this Ordinance or Application thereof to any personpvr circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumatancea. Section ~, InC021a~ ara.,r Orlin nrc+a A7,1 other ordinance or portions thereof inconsistent or conflicting with this ordinance or any portion hereof era hereby repealed to the extent of such inconsistency or conflict. INTRODIICED, READ, AND ADOp~ as an emergency ordinance by a vote of to' on this published in full in a newspaper oygeneral circulateon in~thedCity of Wheat 12idge. f~oo7 cEDL53P.`71163390,i -s- CITY OF WI3EAT RIDGE PLANNING DIVISION STAFF REPORT, TO: BOARD OF ADJUSTMENT DATE OF MEETING: Sept. 12, 1996 DATE PREPARED: Sept. 5, 1996 CASE N0. & NAME:W.{~.-96-31/Dungarvin CASE MANAGER:~redith Reckert ACTION REQUESTED: A variance to allow more than one group home for the developmentally disabled in Council District III. LOCATION OF REQIIEST: 11590 W. 39th Place _. NAME & ADDRESS OF APPLICANT: Dungarvin Colorado, Inc. 4175 Harlan Street Suite 105 Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Timothy F. & Diane L. Madden 690 So. Cleveland Avenue St. Paul, MN 55106 APPROXIMATE AREA: 9000 square feet PRESENT ZONING: Residential-One A PRESENT LAND USE: Single-family residential SIIRROIINDING ZONING: N, E, W & S: Residential-One A LAND USE: N, E, W & S: Low density residential DATB PUBLISHED: August 23, 2996 DATB POSTED: August 29, 1996 DATE LEGAL NOTICES SENT: August 28, 1996 AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQIIIRED RELATED CORRESPONDENCE: (XX) ATTACHED ( ) NONE ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ( ) Other JURISDICTION• The property is within the city of SVheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. a BOARD OF ADJCiSTMENT STAFF REPORT CASE NO. WA-96- 3I , I. RHQIIEST Page 2 The. applicant requests approval of a variance to Section 26-30 (P) of the wheat Ridge Code of Laws relating to group homes. The current regulations recognizes-four different types of group homes: those for children, those for the elderly, those for the mentally ill and those for the developmentally disabled. The ordinance further specifies that only-one of each type of these group homes can be allowed per councilmanic district. The property in question is located at 11590 West 39th Place which is within the boundaries of Council District III. A previously approved group home for the developmentally disabled is located at 8844 West 32nd Place (also Council District III). The applicant is requesting a variance to allow two group homes for the developmentally disabled within Council District III. II. PROPOSHD ORDINANCH Staff would note that the Citp Attorney has concluded that the current group home ordinance which was adopted in 1984 is illegal (unconstitutional)as it is discriminatory and violates the Fair Housing Act. To avoid legislation, the City Attorney has proposed revised language which he hopes to have been approved and codified by City Council by the end of the year. In summary, the-new legislation will do the following:- 1. Amend the definition of "Family" to include federally protected persons (handicapped persons, developmentally disabled persons and mentally ill persons). 2. Amend the definition of "residential group homes" to exclude federally protected persons. . 3. Amend the various locations of the Zoning Code to delete references made to federally protected persons from "Residential group home" regulations. 4. Amend the provisions for Special use permit, where still required for group homes for children, to be consistent with our normal SUP requirements set forth in Section 26-6 of the Zoning Code. The applicant did not wish-to delay the opening of a group home for another six months when the new regulations will be law as the facility their clients are in now (Johnstone Development Center at Ames and W. 26th Avenue) will close September 15, 1996. III. DESCRIPTION OF THE FACILITY The property in question has an existing _single family residence on it. Other than exiting-ramps, no other changes will occur to the outside of the structure. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-96-31 Page 3 The facility will be occupied by six developmentally disabled men from the age of 25 to 45. All of the clients will be in wheelchairs. The term developmental disabled is defined in C.R.S.31-23-303 a~ those persons having cerebral palsy, neuromuscular, mental retardation, autism and/or epilepsy. There will be one on-site, residential caretaker who lives on the premises who will be there every night with her two daughters. One or two shift caretaker will also be on the property with a total of two caretakers at all times. Parking for the caretakers will be in the existing garage and driveway of the home. The interior of the house will require upgrades regarding fire protection, emergency access and handicapped accessibility. The applicant has submitted plans to the Wheat Ridge Fire Protection District which have been approved. The City Building Department will review and approve plans for handicapped accessibility and issue a Certificate of occupancy once all of the modifications have taken place. The facility will be licensed by the Division of Developmental Disabilities Services within the State Department of Institutions and by the State Department of Health. III. EVALUATION CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request. 1. Caa the property in question yield a reasonable return is use, service or income if permitted to be used only wader the conditions allowed by regulation for the district in which it is located. If the variance is not granted, the group home could not go in, however use as a traditional residence would allow a reasonable return. 2. Is the plight of the owner due to unique circumstances. Circumstances are unique in that the City of Wheat Ridge is in the process of rewriting the codes relating to group homes and the definition of family which are currently unconstitutional. 3. If the variance were granted, would it alter the essential character of the locality. According to recent court ruling, certain groups of federally protected persons (handicapped persons, developmentally disabled and mentally ill persons) fit within the definition of family. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-96-. 31 Page 4 Therefore, if the group home is established, the use of the property would still be low density residential and should not have a negative affect of the character of the area. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a-particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. There are no physical characteristics of the property which result in hardship. 5. Would the conditions. upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification. The regulations pertaining to group homes are being revised which, if approved, will alloia-group homes in all residential zone districts in the City of Wheat Ridge regardless of council district. Until these new regulations are adopted, any other person could request a similar variance. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property. Dungarvin Colorado, Inc. is a private company which operates "for profit" . 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property. The hardship was created by the City of Wheat Ridge when it adopted it's current regulations pertaining to group homes in 1984. 8. Would the granting of the variation be detrimental to the public welfare or injurious to other property or improvements in the neighborhood is which the property is located. The granting of the variance should not be detrimental to the public welfare as all fire anc building codes must be met prior to occupancy. If group homes for these federally protected persons are. considered equal co a traditional family use, then there should be no affect on property or improvements in the neighborhood. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-96••31 Page 5 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the dagger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Since there are no major changes proposed to the structure , there should be no negative affect on the amount of light and air to adjacent properties. Since none of the residents of the home drive, there should not be an-.increase in the amount traffic or cars parked on the property - Only those of the caregivers. All fire codes will have to be met, therefore, .there should be no increase in the fire danger. If these types of facilities are considered equal with traditional family residential, then there should be no affect on property values. IV. CONCLIISIONS AND Based__upon the fact that the City's current group home regulations, as applied in this case, have been found to violate recent federal court rulings and are likely to be found invalid if applied, staff recommends APPROVAL. 8 j ~ f .,- ~+ ~, y -:-: -:-~ ~ x . __:.-.... - -.. . 1-- Ci~ _ ~ 1 /'. / I, ' `~'1JS ~.' ~ ~~ ~- ._~ I T'~ ~ - -__.-. ..: - - fem. - ~ ~y~ ._ ~ 'i'.' ._-- . ~.~.:. ~. ~ i i ,- -------~-' -_ ~ i i, R-I -j ~' i WLa'b-~ ~ m ul ki _ f.2~ ViLLAC?c io ^:'Sb sl ~~ ,a0a. d W .. 39TU LO ~' w SiFU-5 Sic _ ~ .. ~. r I 1 7l _ _ S.. _ ~ti . „i 2 - i i._~ ~ J ' ~`' O R °~ m i~ 'fi' R-' - ~u ~; Mn n ~. ~ a U I w l9re~ nvE ~ J~ --~ ~`'~-~ ~ R S m q~ h N i / i mr~ w ^ ° ~ i [~ E ~ ~ I i _ ? wsem a. RSI ~r~ ~ nl ~ a _~ $i - __ _ ~t6' _J f .. w 3B'F! nvE ~i K SUBS-ri-r . a'~ _ _ -"' ~ T ..i _ _ __.'-;-~ _ _ u'-`~-'-- _ _ _ _ ~~ .,\ .~~.~ ; ~ ~ iii;{. I i II~,.,~ - ;O l I I f~.l.:. ~ : . i•.'.'r...~. ~;; ; ..• r,-,.r, ~•.•.• ~ -'..rte /~4{` _ ~1 .~.:' .....'.'. r i.:. (~ ... . 7 ~ i~ _z ~_I r¢-as-~ N; ~i, ~ _ ~ m - m ~. - - nk VILLAcpE I: Sltn6 5r r - _ ~ ~ r _._ ,~ _ r r ~-I ~1 ~. fvm r N ~ a V 1 H 99tH nvF c _~ti ~~' '. ~ 6 .° „, m~.~3 "gym nl _ -tea I _.~ > I °~'. I i v ',y AV I ~~ ~~;I ,`~ ~1 i i j s ape ~ ~ _ _ . _ 6~e .~ 3~'~1 _ I NI !'ITT ~ - _ _~ ~ .. S ~ ~ (~~F1 GI f~L '00-YEAR ? OOD 9L' N ,~UIR;NG 5'-E PL~X' APaROVA_ ':: (APPROXIi iATE LOGA~ION) ~ONI 1`d6 MAP ----~-~- _ ~. ZONE DISTRICT °.~O'JNDR" FLOOD ?LAS^~ MATE L OGA'.OW _.. ~..,. `°"" ~HEr~T RIDGE PAROEL/SOT BOUNDRY . '° 1CO ° (DESIGNA iz5 OWNERSHiPI TROT 30UNDR" ~j SGAlE i'a+00 OLORt~DO - 'WATER rEP.TURE _OT BOUNDR" - _ - DE1~lOTES *Rd_TIP_ .ADDR I cy OiWt-iErZSHi~I ADO°'ED. !use •~, '99~ °?.TURc °.ev~s:m: Decence• 22. '~99< ~- ~ ~.,,._ s- -~ "'' ~'!! ~- P _ a~ ~`~ _ -:,mcn~ a~.~,~ ~N r 'I I ro~ ~ ~ I ~ _ ~.; : I =; r ,e _ ~ ~~ ~ ~ , _ _ _ w 30Ch ~~E ~ ---------- ~_y FLOOD °L+."~. MaT i OC a'IC~u ~e.GT 3O1.~'GR" _OT 30:1I~7RY _ _ Tc5 OWPicRSHi?i _ Ea TURF cJ~ ~~FFIGIf~L a ~,M~~ ,~ .~JHE~4T RIDGE x"-` "°O° OLORf~DO _ _. ~ I ~ ~~~ -'- )P 4 J :, ~S _ ICMiC_ 1,., .~~tC ~~ ' 00-~'c=e G! OOrJ Pi a~iy __! to?PROX, N~ATE TOGA-10\'l - zo~:= GISTR cT as ~~e~ -.-- FhRG`/SOT 30.;fvDe:' fD_SiGhAicS OWN=RSriIP1 WATCR FFA,TURc ~C~ G =S ~ Ti°i = -DJR' G u~-~/ T" tZE~s § 26-30 WI-TEAT RLDGE CITY CODE (2) Architectur¢l fe¢tures. Cornices, eave belt- square feet for each bed cho e for roup No h h courses, sills, canopies or other similar ar- includingbaywindows, hitecturalfeatures g ome. e within t the developmentally disabled shall be , c may extend or project into a required front, located closer than two thousand (2000) t from another group home for the f side or rear yard not more than thirty (30) ee developmentally disabled and no closer inches. than seven hundred fifty (750) feet to a (3) Chimneys. Chimneys may project into a re- group home for the elderly, and i~ o quired front, side or rear yard not more than instance shall more than one 1 ~,,roup two (2) feet, provided the width of such yard ome or e;aht rRi oa- fewer developmen- is not reduced to less than three (3) feet. a y disabled persons be permitted (4) Fire esc¢pes, open stairw¢ys. A fire escape wi m council aISLr1l.L. or open stairway may extend intc any front, (b) Group Home for Elderly Persons: This side or rear yard; provided the width of such is a residential facility established as yard is not reduced to less than three (3) either an owner-occupied or nonprofit feet. group home for the exclusive use of not (P) Residential Group Homes: more than eight (8) persons sixty (60) years of age or older who do not need (1) Residential group homes for eight (8) or skilled and intermediate care facili- fewer developmentally disabled persons, _ ties, plus no more than two (2) live-in mentally ill persons or for elderly persons. staff persons. A group home for elderly In accordance with C.R.S., 1973, as persons shall not be architecturally de- amended, § 31-23.303, group homes for not signed so as to be inconsistent with the more than eight (8) developmentally dis- character of the surrounding neighbor- abled, mentally ill persons and elderly per- hood. Every group home for elderly per- sons are permitted under the following con- sons shall meet all requirements of a ditions: single-family home and, additionally, (a) Group Homes for the Developmentally shall meet the requirement that the lot Disabled: This is a residential facility area shall be a minimum of fifteen hun- licensed by the state for the purpose of dred (1,500) square feet for each bed providing 24-hour staff care, shelter, su- contained within the home. No group pervision, training and/or rehabilita• home for elderly persons shall be lc- tion to no more than eight (8) develop- Gated closer than two thousand (2,000) mentally disabled persons and feet from another group home for eld- additional required staff. As defined in erly persons and no closer than seven C.R.S. § 31-23-303, "Developmentally hundred fifty (750) feet to a group home disabled" means those persons having for the developmentally disabled, and cerebral palsy, neuromuscular, mental in no instance shall more than one (1) retardation, autism and epilepsy. A group home for eight (8) or fewer eld• group home for the developmentally erly persons be permitted within each disabled shall not be architecturally de- council district. signed so as to be inconsistent with the (c) Group Homes for the Mentally Ill: This character of the surrounding neighbor- is a residential facility for persons with hood. Every group home for the devel- mental illness, as that term is defined opmentally disabled shall meet all re- in C.R.S., § 27-10-102, licensed by the quirements of asingle-family home state for the purpose of providing 24- and, additionally, shall meet the re- hour staff care, shelter, supervision, quirement that the lot area shall be a training and/or rehabilitation to no minimum of fifteen hundred (1500) Supp. No. 6 1784 ~. Supp. No. 6 ZONING AND DEVELOPMENT more than eight (8) mentally ill per- sons and additional required staff. A group home for the mentally ill shall not be architecturally designed so as to be inconsistent with the character of the surrounding neighborhood. Every group home for the mentally ill shall meet all requirements of a single- family home and additionally shall meet the requirement that the lot area shall be a minimum of fifteen hundred (1,500) squaze feet for each bed con- tainedwithin the home. No group home for the mentally ill shall be located 1784.1 § 26.30 /, ZONING AND DEVELOPMENT § 26.30 closer than two thousand. (2,000) feet city council to reasonably assess the poten- from another group home for the men- tial impacts to the community when con- tally ill and no closer than seven hun- sidering approval of a special use permit: dred`fifty (750) feet to a group home for ' "' (a) A site plan of the site indicating prop- ttie elderly or developmentally dis- ' erty boundaries and total area Ioca- instance shall more abled, and in no than one (1) group home for eight (8) or , tion and extent of all existing and pro- fewer mentally ill'persons permitted posed- buildings; parking and within each eeuncil district. ~ circulation areas;landscapingandbuff- (d) Cert~cate of Obcupaxicy: Prior to oceu- e~ng~ fences; walls, etc.;' recreational panty of any group home for the men- facilities and open space; outdoor tally ill, the developmentally disabled lighting facilities; trash receptacles; or or elderly persons, a certificate of occu- any other physical features that'might panty must be requested through the help identify the expected character of department of community develop- the proposed facility. ment. The planning division shall re- (b) For homes for the developmentally dis- view such requests relative to all abled, a letter from the agency Ii- zoningrequirements, and the building tensing the facility with the following inspection division shall review such information: requests relative to the building and 1. The fact that the agency has li- fire codes prior to issuance of a certifi- tensed or is preparing to license sate of occupancy. In addition, the de- the facility. partment of community development 2. Special needs ofthe residents, such shall post a sign on the premises, in a as on-site schooling or training, highly visible location, for a time pe- and any facilities needed to meet riod of fifteen (15) days prior to the is- such special needs. suance of a certificate of occupancy, 3. The number of persons for whom with such sign announcing the intent the license is being issued. to occupy the premises with a group 4. The approximate ages of the per- home. The sign is for information pur- sons expected to occupy the group poses only so that interested parties home may review the proposal in the depart- . went of community development. (c) For homes For the elderly, information (2) Residential group homes for nine (9) or more submitted which -describes the fol- development¢llydisabled persons or elderly lowing. persons. Such group homes, as defined, de- 1. Maximum number of persons to oc- scribed and conditioned under subsection cupy the home. (P)(1)(b) this section, but where nine (9) or 2. Explanation of the general organi- more developmentally disabled or elderly zation and management of the persons are to occupy a group home, shall household. be permitted only upon approval of a spe- - cial use permit, after public hearing by the (3) Residential group home for children. This planning commission and city council. is a residential facility, lawfully licensed or cert~ed by Jefferson County Social Ser- In addition to the standards and criteria vices Department or the State of Colorado, set forth under subsection (P)(1)(b), which and supervised by Jefferson County Social apply to group homes for developmentally Services Department, which provides disabled and elderly persons, the following shelter, care and/or staff supervision. A res- shall be required in order to provide infor- idential group home for children shall main- mation for the planning commission and tain a minimum lot area of fifteen hundred Sapp. No. 5 i7s5 ,.~ .:~ ~,~, - iZ - 3 ~ G z ~-(s-~-' `~s~-~'~~-- ~13y-f°~~-O ~~~~~ ~ ~~~~ ~~~ C~~ ~~ pl. ~~~SS Z~S -ZZ-Z~ }\~~~ -~' ~' ~~~ ~ ~ ~~~` ~ZS -C~coo ~. 09104 '96 1303 ID~DUNGARVIN COLO. INC. FAX~303-425-0607 PAGE 1 FAX ~T'R.ANSMISSION ~ungarvin Colorado, Inc. 4375 $arlan, Saite lOS Wheat Ridge, CO 80033 (303} 467-2023 Fax: (303) 425-0607 Date: ffi~ r~Q(, To: f~Aart?_alL~tl, '~' tclcor.~ _ (I't~:. w~ lil<~.d P. ~. From: IVldttl0/~- '"1 A t_ ~ d G Re: Pt,t.~ . ~C.d Namber of Pages (including cover sheet): .~- Time Seat: _.~"_.___~ a.m.lp.m. Fax Narober Seat To: _ d3$-d~ Special Instructions: ~'++~ sorry bwE- w~t I~aix, a61-foct,nd uti-.N `St,~.tx~t` tnr~fa• fclatcd #o ~ron.u~.. ,,;,,, ~--1,~., Vic.,, woilc d~c '~+ar.~ ~ t~_~ OLe~! t";~ '~b At t~ L~~ ~~.p S L~Stt`. ;w ~ a.u e~tt. Please contact us iromediatety at (303) 467-20?3 if there are any problems with tti~ transmission. Thank you: `Ili ~,,,., ~ ~°~~` I,.t~. --- ----- (~ - __- ~j --- --. ~ .._ _ ___ ___ "_ __" ~ --- . .. _ _,__~ __ -__. I i _.._ -- --- _. _... _..._ 'T -=.-~ "Ta Gate ~- Time ty,%k'.x --.~ WH LE ou~~ ~~ ~~ .~ M ~~` ~ -.r. of~ ' - ~'S_..,~ ~•" - --- - ~,. ~ Area Code"`_~",. 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