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Home My WebLink AboutZOA-96-9SEP-01-1995 09 48 Gorsuch Kirgis L.L.C. 303 298 0215 P.001i007 GORSUCH IaRGIS L..LC. 1401 SEVENTEENTH STREET SUITE 1100 DENVER, COL01.tAD0 80202-9624 PI30NE: (303} 299-8900 >•AXS (303) 298-0215 TO= GLEN GIDLEX OF: CITY OF WHEAT RIDG~i FRObI: GERALD 8. UAHL~ ESQ. RE: GROUP HOME ORDINANCES ME.,SSAGE: No. of pages to fo11o'w:~ Date: 09/0 /95 File No: 53027 Telecopy No. ~"ta-~g?4 Confirm No. 235-2823 4+ONpIDB'NTIILITY bTOTICS: the inforrtian contained in this telxopier message is confidential infornmtian intended only for the use of the individuaF or entity nerd above. [f the reader of this message is not the intended reeipient, you are hereby notified that any dissemination, distribution or copy of this eamaanieatian is strictly prohibited. ]f you Nava received this eeamtnicetion in error, please iamadiately notify us by telephone and ret~an the original message to us at the about address Via the U.g. Postal servieo. pgaCl~~\7671.7 SEP-01-1995 09:48 Gorsuch Kirgis L.L.C. 303 296 0215 P.002i007 TOi CfL&N GIDLEY ' FROM: GERALD DAHL AND ROBERT WIDNER DBTE: SEPTBM$ER 1, 1995 RE: REVIEW OF WHEAT RIDGE GROUk~ HOME ORDINANCES; SDGGESTIONS FOR REVISION TO COMPLY WITH EBIBTING LAW You requested us to review the provisions of the Wheat Ridge City Code that govern the location oP group homes. Your specific queationa concerned whether the City Code provisions were in aompliarice with the recent I3.5. Supreme Court decision in Edmonds vR xfard ~Iousg. Tnc., 131 L.Ed. 2d 801 (1995) as well as in compliance with any other legal requirements imposed on municipal regulation of group homes. Our evaluation and recommend- ations arm summarized in this memorandum. In summary, the Wheat Ridge Code provisions very much need amendment; T can prepare an ordinance doing so; I believe a so-day moratorium would be a good way to provide time to da this and get Council support. 1. Wheat Ridges definition of "family„ (City Code §265) suffers from the same defect that was present i.n the aity~s zoning ordinance in the U.5. Supreme Court case of ~y of i~dmor}ds v. dxfard Hovs® Ina A summary of this case is attached for your information. The Wheat Ridge definition limits the residency of a single family structure to either: (i) an unlimited number of related persons; g,..r (Z) no more than 3 unrelated persons living as a single housekeeping unit (or 5 persons over 60 years pf age}. In other words, related persons are mare favorably treated than unrelated persons for purposes of occupying single family homes in Wheat Ridge. E~q~ involved the application of the Fair Housing Act, as amended in 1988 ("FHA"), In general terms, the FHA prohibits disarimfnatiori against persons protected under the FHA in the rental, sale, purchase, or occupation of housing. The classes of persons protected by the FHA are broad, and include persons who are "regarded" as suffering from alcoholism or drug addic- tion. Discrimination includes a failure to make "reasonable accommodations" iri rules, policies, practices, or services, when necessary to afford FHA-protected individuals equal opportunity to use and enjoy a dwelling. If fOheat Ridge attempted to enforce its definition of "family„ in an effaxt to prevent the occupation of a single family home by unrelated persons who were within a protected class under the FHA, Wheat Ridge would likely be in violation of the FHA. The key to avoiding a possible FHA violation is to remove from atY~S3027~128784.1 SEP-01-1995 09:49 Gorsuch Kirgis L.L.C. 303 298 0215 P.003i007 the city Cade any disarimination against persons prateated under the FHA. There are three means by which Wheat Ridge can avoid unlawful diacriminatian under the FHA in occupation of single family homes: - - -_ (1) ],imin~tite fk~om the definition af_!'family" any re€erence ~tv a maximum number of persons that would constitute a family. This revision would permit unlimited number of persons to oaaupy a single family residence. (2) _ - as - -- -- dePin9:tian of "famf]y",ta include any group of persons, regardless of their relationship, that do eat exxceed an established ratio of residents to square foot- age of living area or other objeative standard such as residents to the numbes of bedrooms. Provided that the limitation is ec;ually applied to all residentt~ of single family homes (both related and unrelated), this farm of oaaupancy limitation is ®xempt from the restrictions of the F1iA as a local restriction regarding the maximum number of persons permitted to occupy a dwelling. S~e.4Z TL S.C $ 3607(b)(1). (3) - :a e_:sPi3iin. ~.T1 thy, definition of "tamilyM any group of individuals that are protected under the FHA. This would result in permitting both an unlimited number of related persons and an unlimited number of "FHA-prateated" persons within a single family residence, but would limit the number of unrelated and "unprpteated" persons. 2. Wheat Ridges employs a~.~1 use review for all group homes with greater than nine (9j residents. The trend among the federal and state courts in the last five years has been to invalidate the use by local governmelsts of "aonditfonal" or "special use" approvals far establishing group_ homes for persons protected under the FHA.t - - _s _ _ 19 Olt Et group home - avw~ sue. bona,„„ 1s. =Rr 19pBaial review nuti. permit _a~- a _x' g ~n~ aacupax~gy i?y 9 related .persons ynay _evi.denae ~a,~ful ;~,dsc~xm,~r,~tary._ .-~raatice against _FHA-Protected one. R~here are two alternatives for W3seat Ridge in addressing this trend in the courts: ' In addition, the 11.5. Supreme Caurt in City of Cieburpe ys Qieburne hiving Center, 472 U.S. 432 (1985) Concluded that a special use review process for group homes for the mentally ill was invalid under the equal protection clause of the IInited States Constitution because there was no rational basis for believing that such a home would pose any threat to a legitimate governmental interest. rtcu~ssoa~txa~.t SEP-01-1995 09:49 (1) {2) Gorsuch Kirgfs L.L.C. 303 298 0215 P.004i007 .,, . j-*e ..~ a,om~ue{;4a bV,. is~aiG,G~s r,iDf7~A,j® a.= .4],Y~.IYg arBa Or e~ o~ -ec~lve: stdi;dz~xd such c~93 residents to the- number `~. Ttla.s `arm of regulation is perntitted and®r the FHA. 42 II.S.C. § 3601{b}(1}. All group homes that exceed the retie requirement would need to undergo special use review. - - - 3. The~ai si, - - - ,til~t ..~ z~~Qr__"group homes!!.:stated in the City Codes tables Por the residential districts (e.g., R-1 minimum of 12,500 square feet) and the agriauitural districts (e.g., A-1 minimum of 1 aare)~c3Q~113~t ~+ith the requirement stated in City Code § 2&-30(P}. -This section provides that certain group homes meet a minimum lot size of 1500 square Peet for each bed in the group home. This conflict should be resolved. 4. Wheat ltid a City Code § 26-30 P g ( ) (1) (d) requires that align-be ~~tjz~_e~em~~r~.:f~:ft~en__days. prior to issuance of a ae cater of occupancy for any group home for mentally ill, elderly, and disabled persons. ~liis- aotico-s®aairi~ugent map `g~a_=pro"®`h~itpd d~acria3aatory praatioo-under-tho 88A. e Ci'Cy does not require similar natiae postings prior to issuance of a certificate of occupancy for other residential land uses and, as a result, the requirement would evidence His crate treatment of -- p group homes At -least cne-=Federal ~--ipvar~[, ,~i~ a,ojsi~a requirement finding -that no_legiti- ~boc-Qppos t3on ~o the group horse and -its residents. ~azom~~ ~D CoC v **nnfiYg~erir County, 823 F. Sapp. 1285 {D. Md. 1993). Moreover, the purported governmental interest is stated in 26-30(P)(I)(d) as "informational" and to provide interested partfes a ohanoe to review the proposal? this same interest would reasonably apply to all issuances of certifi- aatasr of occupancy regardless of the land use. ,A oourt could easily find that the notice provision constitutes discrimina- tion against group homes~ar protected classes of individuai:~ under the FHA. -h,_e~at=>~.~qe ~fiou~d-be adv~,¢a(! to a13.m17~Ate t2ili _ _ 5. Code Sections 26-30 (P) (1) _{aZ~ _(b}-,_ and__(e) permit--the estab- - - lishment of ~nlv one:-{3j,of eaoh type of group home. (disabled, elderly, and -mentally ill) in any one Council district. However, ~v_ vth_e~>i- r~si~ tial rand- uses _ erg ~i~ilarly rmt~d - tat. riir.~ ''Lis limita9:ion is likely ~~l~invald RG1~53027~928764.9 3 To avoid FHA-prohibited discrimination, Wheat Ridge could consider allowing all group homes as ease-by--right pro-_ vided that the group hams does not erased an tabliahed SEP-01-1995 0950 Gorsuch Kirgis L.L.C. 303 298 0215 P.005i007 under the FAA as a discriminatory policy. See 42 U.S.C. ~ 3615 (state and local laws that would constitute a discrimina- tory housing practice are invalid}. In a recent: and similar situation, a federal trial court issued a permanent injunction against the enforcement of a city ordinance which required denial of a conditional use permit for any proposed group home if the papu7-ation of existing group homes in the city exaeeded a total of 5o persons or exceeded .5~ of the city~$ popula- tion. Ass9ssiation for Advarioement of the ME!ntat.iv AarAirvanne.4 F. s~uus~_ _ p~son$ in group aomea In addition, these limitat e statewide interest identii encourage the establishment residential communities. gip. 614 (D.N_J.__1994). ~[!i`dtt" limitation an_ tho tsata]. num-,; _,_ Lts>xtat; a violataa_ o~ _ ths- ~- _ _- 4at or=policy to dirazimfnate that ytap b® prgteat:ed by the .ens potentially conflict with .ed fri C.R.S. § 31-23-303 to of certain group homes in s. sections 26-3o(P)(i) (a), (b) and (cy requires ~tiapessai or =vf each type of group home from like facilities. For example, no group home far the mentally 311 may be located closer than~~0_ ez et Prom ano_ther_graup home for the mentally ill .and no closer than ~ teat from a group home for the disabled or elderly. Although spacing requirements have been supported by several courts including the Eighth Cirauit_Court of Appeals more ~e~serit federal .trial courta~~_haye invalidated- - _~"g'~re~~msn~a d3:ccrsmiriatory under _tha- FHA,-- she r e.tt , -p$ty~e of St peat v Citv of ~t Paui-, 923 F.2d 91 (8th Cir. 1991)(supporting spacing requirement as advancing, integration into communities}; }zut see zon-Houma--nev_ ~_--o°-,-nu.-.~--~nwnsn~ n~ ~rpoar &ou ham, on, _804 F. Sapp. 683 (E.D. Pa. 1992}, aff~d, 995 F.2d 217 (3d Cir.-1993) (find- in aging requirement facially invalid as discriminatory). rural rulo and,_in li_gY~~ of tide presently existing cans- -etc d ai,~gglicy,~_~t reasonabl@-and clearly e _ o~~ ate,..., t tY ~ oppos~sd :- tis- mlt-or exc~uds group homes, mr-y be legally -..--.~_1-L - - The i'.olorad~ st~tu~®s~add~ess._-grvap_ ome spa43.ng--r®quiremeats. C.R.S. ~ 35~-23-303(2) (b} (II) states that the establishmeintr of non-profit and owner-occupied group homes for the elderly and group homes for the developmentally disabled are matters of statewide aanaern. The stated and evident intent of this statute is to assist group homes for the elderly and disabled in Finding locations in residential communities and to increase the opportunities for integration of these homes in residential communities. egg .Ds~ttble A Manor v Evergreen ~, 773 P.2d 1046 (Cola. 1989). The statute pprovides that certain group homes „shall not be located withinEven ~~,~, ~,~,nd i'.lty,. i~Egt of another such group haute, un7.esg RCfn53027~128784.1 4 SEP-01-1995 09:50 Cmrsuch Kirgis L.L.C. 303 298 9215 P.996/997 otherwise provided for by the municipality." C.R.B § 31-12- 303 (2) (b) . 2'he spacing requirements oP sections a6-3o(P)(1) (a),_(b) ~nd~ (a) of the wheat Ridge city Code are meets--mare raatriativs ._~i~`h) than the state statute (750 feet) and-would likely e found to conflict with the state statut®~s intent of attempting to encourage such homes in residential communities. It mould be my opinion that the language "unless otherwise provided Pox by the municipality" in C.R.B. § 31-23-303(2)(b) is intended to permit municipalities to locate group homes C.Za~BP than 750 feet from each other, not t0 permit municipal- ities to make it more diffinult Por group homes to locate in the community by increasing the spacing distances. Ne there- fore y~.eg M~~~. ~h~_ NhOat _Ridgp_-City Cod® spatsin9t of 3000- ~;~ s -----~..re....y caqua.rwaways--- a e o .~ u e_- 750 ~eet~a~ that #hb ffipaoing require- ~~tgq+on ttnrant types o! -group homes -in the--Cite Cod® - rsea~tly 75.Q. teeti~__ bo dela~tad. This revision may aid in eridirig the City from a potential claim that spacing requirements are discriminatory (as found be several federal trial courts). If the City code mimics the requirements of the state statute, the burden of the defense of a claim of discrimination Could also fall upon the state oP Colorado. '~• Other revisions of the Code oP Laws could be made to clean-up and more succinctly address the regulation of group homes. For example, there appear to be two somewhat different definitions of group homes found in section 26-5 ("residential group homes~~) and section 26-30(P) In addressing the issues raised in this memorandum, wheat Ridge might consider placing the regulation of group homes under one separate section and removing references to group homes from other sections of the City Cade. The separate sections would identify the permitted coning districts Por the various types of group homes, state the spacing requirements, minimum lot sizes, minimum ratio of r®sidents to living area, and any other requirements such as hearing procedures. RGff153027~1287d4.i 5 SEP-01-1995 09:51 Gorsuch Kirgis L.L.C. 303 298 0215 P.007i007 SAY OB 011,88 City f dmonds y. AxPord_Tiouse, IriG,, 131 L.Ed.2d 801 (1995} sackgrouaa Facts: The City of 8dmands zoning ordinance defined "family" for purposes of single family residential use ass "an individual or two or more persons related by genetics, adoption, or marriage, or a group of five or fewex persons who are not related by genetics, adoption, or marriage." The aity~attwnpted to enfora® its zonin~crdinance against a p ~~i e 112 rocov®ring alcphol[;s._and-drug addicts-located in a sngl~=fami].y residential zoning district. Persons suffering from alcoholism and drums addiction are ~~~ ~he~,;defirtiton of _ "hhndi= ; pp~B persons" farpurposes of ttxe-FHA.- The group home requested. that-the City allow the home to continue operation as a "reasonable accommodation" pursuant to a provision of the FHA which made it illegal to refuse to make reasonable accommodations in rules policies, practices, or services when such accommodations might be necessary to afford persons with handicaps equal opportunity to use and en'~oy a dwelling. The City refused, and instead passed an ordinance permitting group homes in multi-family and commercial zones. The City sought a declaratory judgment that the zoning ordinance restriction an group homes did not violate the FHA. The group home counterclaimed for violation of the F~i1- and the United states AttornQy General's Office filed a separate action against the City for violation aE the FHA. The United States suit was consolidated with the ~ case, issue and 8oldiAgs Thy issue before the Court was specifically limited to whether the Edmonds zoning code qualified for an exemp- tion under 42 U.S.C ~ 36U7(b)(1) from the FHA requirement that a ~~reasonable accommodation" be made in rules, practices, or services when such accommodations may be necessary to afford handioapped persons equal opportunity to the use and enjoyment of dwellings. Under ~ 3607(b)(1), a local government's regulation that attempts to limit the number of residents to prevent overcrowding would be exempt from the ~'HA. However, the Supreme Court held that the City's regulation did not appear to be a uniform attempt to gener- a11y control overcrowding in residences, but that the definition of "family" had the potential effect of discriminating against FHA protected persons while allowing others persons unlimited occupancy based an their status as related, adopted, or married. The City flid not thereTore qualify for exemption under 42 U.S.C. §3607(b)(1). The Court remanded the matter to the trial court Por a determination of whether Edmonds' actions violated the FHA's prohibitions against discrimination. RCY\530271128784.1 6 rn~rr~ o arAn 12/29/95 11:23;Bb RIGRTFAS 4.BB->(3B3) 234-5924 RightFA% Page BB1 GORSUCH KIRGIS L.L.C. ATTORNEYS AT LAW TO: GLEN GIDLEY OF: WHEAT RIDGE CITY: WHEAT. RIDGE COLDRADO FROM: ROBERT C. WIDNER DATE: Fri 72-29-96 71:07AM MESSAGE: GLEN-- PLEASE REVIEW AND COMMENT TO MEAT YOUR EARLIEST CONVENIENCE. I AM IN THE PROCESS OF CDMPOSING THE MEMORANDUM TO COUNCIL• EXPECT TO FINISH ON THE 1ST AND SEND TO YOU FIRST THING ON TUESDAY. JERRY HAS NOT YET REVIEWED AND CDMMENTED ON THIS DRAFT. This massage may conriikrte prv~ged attamey~cfent commrrnicat~ivn or aftemey rsrork pmafuct sndunwutborizeduseordmcb~swreesluro6iiHed. -fyauarenotthei-lended~acipient of thfs message, phase sd`viire us by aatnng coact at (3031299,89'00 and fen~vaidstg L/ie document to us by mad to the ao'dmss dated bellow. CLIENT NAME: WHEAT RIDGE FILE NO.: 53027 FAX NO.: 234-5924 PHONE NO.: 234-5900 NUMBER OF PAGES TO FOLLOW: 10 (not including this page) FOR ASSISTANCE, CALL 299-8942 I.acaHon: Sa16e 1100 1401 seventeenth street Denver, Colorado 80202 Mailing Address: P.O. Box 17180 Denver, Colorado 80217-0180 Telephone: (303) 299-8900 Fax: (303) 298-D215 rcax\ooooo\a~~oa~.a 22/29/95 12~Z3:3Z RIGHTFA% 4.88->(3831 Z34-5924 CITY OF WHEAT RID(~E~ IN7.'RODIICSD HY COUNCIL MBI++lBER Coimoil Hill No. _ Ordi•+~+'~ No. RightFA% Page 882 coloxAUo series of 1996 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS TO DEFINE FAMILY AND TO AMEND EXISTING PROVISIONS OF THE CODE PERTAINING TO GROUP HOMES FOR HANDICAPPED PERSONS, ELDERLY, AND CHILDREN WHEREAS, the City of Wheat Ridge desires to 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 persons; and WHEREAS, in accordance with state and federal laws, the City of Wheat Ridge desires. to provide residential group housing opportunities for such individuals 'within residential dwelling units provided that group homes meet all applicable requirements generally applied to other residential structures and uses for the zoning district in which the group .home is located; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: 8ect~on 1. The definition of "Family" contained. in -- Section 26-5 of the Wheat Ridge Code of Laws is hereby amended as follows: Fami.Zy. One (1) or more persons related by blood, marriage, ox--adoption, o e custodv plus domestic servants employed for service on the premises, or a group of not more than three (3) persons who need not be so related living together ae a single housekeeping unit. Notwithstanding anvthina RCW153027114145%.1 1 12/29/95 11:24:08 HIGORFAX 4.00->(303) 234-5924 BightFAX tea- ~,ar,d'c need persons as defined in Title VTTT or t~'+e C~V~~ Rig a ACt Of 1968, as amended by the Fair Housing Amendments nct of_1988; or p--~aons with a developmental disability. as defined by C.R.B. & 27-10.5-102. rPSiding i.ri a arOUp home WY11Ch ].p „ ,~ r *he state of Colorado: or r~ ee3 Section 2. Subsection (b) of the definition of `~"~~ "Residential Group Homes" contained in Section 26-5 of the Wheat s.~~ 7 Ridge Code of Laws pertaining to the definition of "Group Homes for the Developmentally_Disabled" is hereby repealed, 4arr;On 3. Subsection (c) of the definition of "Residential Group Homes" contained in Section 2~-5 of the Wheat Ridge Code of Lawe pertaining to the definition ofi"Group Homes for Elderly Persona" is hereby renumbered as aubsectioi~ (b) and amended to read as follows: Group Homes for Elderly Person This ie 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 two (2) live-in staff persons emo~oyed in the care d supervision of RCV15530271141457.1 mentally ill persons as defined by C R S § 27-10-102 resid~na in a croup '-ome which is licensed by the state of o ra o. 1Z/29/95 11~24~42 RIGA'PFAX 4.BB->(3B3] 234-5924 RightFAX Payo BB4 Section 4. Subsection. {d) of the definition of "Residential group homes" contained in Section 26-5 of the Wheat Ridge Code of Lawa pertaining to the definition of "Group Homes for Mentally I11 Persona" is hereby repealed and a new subsection (d) added to read ae follows: For purposes of this Chanter a "group home" or "residential arouQ home" shall not include a household of four (4l or more persona occupying a residential dwelling unit and living as a single houaekeenina unit if the occupants are: handicapped persona ae defined in Title VIII or the Civil Riahte Act of 1968, ae amended by the Fair Housing Amendments Act of 1988: or persons with a developmental dis ility as defined by C•R.S. 8_27-10.5-102. residing ;,, a croup home which is licensed by the state of Colorado: or mantel lc~ ill persons, as defined by C.R,S_. 6 27-10-102. residing in a croup home which ;a i;~eneed by the state of Colorado• and av c+h additional necessary persona am.+ioved in the care. shelter. supervision. training. and/or rehabilitation of such handicapped. d'sabled or mentally ill persons. Section 5. The following definition of "Non-profit group home" ie hereby added to Section 26-5 of the 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 organization which ie exempt from income taxes pursuant to section 39-22-112. C.R.S. Section 6. The following definition of "owner-occupied group home" is hereby added to Section 26-5 of the Wheat Ridge Code of Laws to read ae follows: RCV1153027~141457.1 12/29/95 11.25.14 RIGRTFflX 4.09->[3831 234-5924 R~gh+~flx Owner-occupied group home. A group home which ie 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. ram e9s Section 7. 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 , elderly persons. (See section 26-30(P) and section 26-5 Definitions.) Section 8. 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 elderly persons. (See section 26.-30(P) and section 26-5 Definitions.) Section 9. 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 for eight or fewer elderly persona. (See section 26-30(P) and section 26-5 Definitions.) Section 10. Subsection (P) of Section 26-30 of the Wheat Ridge Code of Lawa, entitled "Residential C3roup Homes" is hereby amended to read in its entirety as follows: (P) Residential Group Homes: (1) Residential group homes for eight {8J or fewer €arelderZy persona. In accordance with C.R.S., 1973, as amended, § 31-23-303, group homes For not more than eight (8) , ®ldsrly p®rsons are permitted under the following conditions: 5- K RCW{53027~141457.1 4 12/29/95 11:25:49 RIGRTFAR 4.88->(3B3) 234-5JZ4 ()ate) Group Homes for Elderly Persona: home for elderly persons, ae defi shall not be architecturally de inconsistent with the character neighborhood. Every group home for meet all requirements of a--sine RightFAX Page BB6 A group a so as to be the surrounding ^ly persona shall . s ~ r___ __-'_ '" '_'_- ' the zone slisr,_-ior i„ ..,t,i.,H tHe_ w,.m,_ ,,. _`_d. No group home for elderly personejehall~be located closer than twa ~ sever-hund_r d and Fifty (750) feet from another group home for elderly persons - -+_____ RCW153Q27VI41457.1 5 ~_ ~Z/29l95 11;2b;37 aIGHTFHx 4.98->(383) 234-5924 a~gltFex ri~~ e9~ eigs~-c8}-or fester meu~ta~~~+-s~ (e~) Certificate of Occupancy: Prior to occupancy of any group home for the me~~~~~- $~~, '- '----' _____~_,,,_ 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 fire codes prior to issuance of a certificate of occupancy. , (2) Residential group horaea for nine {9) or more elderly persons. Such group homes, as defined in section 26-5 and described and conditioned under subsection (P}(1}(h~} oaf this section, but where nine (9) or more 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 addition to the standards and criteria set forth under subsection (P)(1)(h~), the following shall be required in order to provide information for the planning commission and city council to reasonably assess the xcanssoznialan.i 6 '~eA-v~13L`~Ct~'6ixtI~7Y the hems' '-~.~~9+u~ '--"'- °--- `~L C* 12/Z9/95 ]1:27:25 RIGRTFAS 4.68->(363) 234-5924 RightFA% Page 898 potential impacts to the community when considering approval of a special use permit: (a) A site plan of the site indicating property boundaries and total area, location and extent of all existing and proposed buildings; parking and circulation areas; landscaping and buffering, fences, walla, 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. J ~~~ ~ ~ ~.~. i $~ IDC~~ } ~ ` ~' 3d $ I ' L 7Se0C H O zu B Ye® a 8 0~ B BC Ya9 ~I ~~t® (e~) For homes for the elderly, information submitted which describes the following: 5. Maximum number of persona to occupy the home. 6. Explanation of the general organization and management of the household. (3) ResideatiaZ group home for children. ~~elas-. Jm _~J residential group home for children. as defined in section 26- ~ 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. RCN1530275141457.1 ]2/Z9/95 11:Z6~H4 RIGHTFAX 4.80->(303) Z34-5924 RightFAR Page 689 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 in considering approval of a special use permit: (a) A site plan of the site indicating property boundaries 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 £act that the agency has licensed or ie 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. 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. 4~ -(e} Any special use permit granted pursuant to this section 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 this subsection (P)~''~.__.r 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 ie 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 i i 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, RCNL530271141437.1 $ 22/Z9/95 1l:28:45 BI68TFA% 4.88->(3831 234-5924 BightFAX Page 87.8 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 ,i,,/y{~~ shall be for a term of one (1) year, and shall be `~, automatically renewable by the director of the department U/'~A'~ 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 Cj(/L!- services, it is determined that no written verifiable ~ ^, complaints concerning the operation of the group home during the term of the special use permit 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. 3eetion !4). 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 rational relation to the proper legislative object sought to be attained. Section (5). 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 f6). 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. .s~ieCtiOn (7) $ffF'ni-. of Aar~o~l 'nr Mr..ii f; r.~l-; r.r. '~e 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 all 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. RCWV530275141457.1 9 12/29/45 11:29:32 RICdITFA% 4.98->f3B3) 234-5924 RightFAX rasp ei1 9ect~on (8). This Ordinance shall take effect fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of on this day of _~_r 1996, ordered to published in full in a newspaper of general circulation in the City o~ Wheat Ridge and Public Hearing and consideration on final passage set for 1996, at 7:00 o'clock p.m., in the Council Chambers, 750.0 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED da sof nd and final reading by a vote of to _,, this Y 1996. SIGNED by the Mayor on this day of 19- DAN WILDE, MAYOR ATTEST: WANDA SANG, CITY CLERK 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY Rcunssozniaiasv.i 10 „ ~. r GORSUCH KIRGIS L.L.C. ATTORNEYS AT LAW $VfiE 1100 ISOI SEVENTEENTH STREET DENVER. COLORADO HO202 TEL EexoNE (303) 299-8900 Fax (303)298-0215 ROBERT C. WIDNER DIRECT D[AL: 303-299-8942 MEMORANDIIM TO: GLEN GIDLEY, PLANNING DIRECTOR - CC: GERALD E. DAHL FROM: ROBERT C. WIDNER DATE: MARCH 28, 1996 RE: FINAL GROUP HOME AMENDED ORDINANCE MMUNG ADDRESS P.O. Box 17180 DENVER, COLORADO SO2I7-O ISO Please find attached two versions of the amended group home ordinance for the City of Wheat Ridge. The first version is a redline/strikeover version illustrating the revisions to the Code of Laws; this version would be presented to the City Council for approval. The second version is a "clean" copy of the ordinance that should assist you in understanding how the revised ordinance will read following passage. You should note that the regulation of group homes,-under the amended ordinance, will be streamlined and simplified over the prior provisions. As you requested, I have eliminated the special use review provisions that were contained in section. 26-30(P) and substituted a reference in that section to_the existing special use review process contained in section 26-6(B). Please review these versions and provide to me your comments and suggestions at your convenience. RCW\5302'1\149862.1 y tl CITY OF WHEAT RIDGE, INTRODIICED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. COLORADO Series of 1996 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS PERTAINING TO GROUP HOMES FOR HANDICAPPED, DEVELOPMENTALLY DISABLED, ELDERLY PERSONS, AND CHILDREN. 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 persons; and WHEREAS, in accordance with state and federal laws, the City of Wheat Ridge desires to provide residential group housing opportunities for certain individuals within residential dwelling units provided that group homes meet all applicable requirements generally applied to other residential structures and uses for the zoning district in which the group home is located; 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, and welfare of the City's residents. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The definition of "Family" contained in Section 26-5 of the Wheat Ridge Code of Laws is hereby amended as follows: Family. One (1) or more persons related by blood, marriage, er-adoption, or legal custody plus domestic servants employed for service on the premises, or a group of not more than three (3)_persons who need not be so related living together as a single RCW\53027\191532.1 1 ,~,U-e, ~~ ~ ~ ,~~~'^n ~ ~ ~~ s .~ ,~ ~ + ~. _ _,,,. ~ a ~ .:< " ~"~' , . i=`, , ~ u' f"' DEVELOPMENT `Y , . $28.5 ZOATING „ '?_ ~' burldmgs, whrch~aRttac'h stb the turn.circle (bulb) li gnsleeping, kitchen a d soanitary faczirt es fo~ of a deadeiid stree~"~'~ ~ ` , , the exclusive use of the occupants; Cul de-sac dot wrdth A cul•de sac lot will have Easement, A grant by a property owner for use p z . at least ~~?rty (30) het of street frontage. The av- of land for designated purposes by ariother person t{ erage vv t~t1i of this lot shall. be'equal to the min- ublic or private. ' `' 'imam requued frontage of standard lots within or agency, p any given zonedrstrict ZSeeF~gure26-5.3J Family.One(1)ormorepersonsrelatedbyblood, g Day care.center. Arfacility licensed by the State mar'r'iage or adoption, plus domestic servants em- ~ v to ed for service on the remrses, or a group of P C.i of Colorado which provides care of children with not ore than three (3) persons who need not be ~t ~. or without compensation. so related livingtogether as a single housekeepin Day care center, small. A facility licensed by the -unit. -Five (5) people over the age of sixty (6 ~ State of Colorado which is used exclusively for the ,sharing one (1) housekeeping unit shall also b purpose of providing care, with or without cam- 'deemed to be a family. For the purpose only o pensation, for seven (7) to twenty-four (24) chil- computing the maximum allowable density of dren. twenty-one (21) units per acre provided for in the Wheat Ridge Home Rule Charter, the following Day care home, Zarge. A home which is licensed shall apply: If a single housekeeping unit is de- ~l under the State of Colorado and which provides signed for the use of more than three (3) unrelated ~ ~ care, with or without compensation, for seven (7) persons, such as, but not limited to, the handi- J to twelve (12) children, from twenty-four (24) gypped or elderly, each three (3) persons in any 3 months to sixteen (16) years of age, including the such unit shall constitute one (1) family unit. ` ~ caretaker's children, not attending full-day school, such as a day care, preschool, day nursery or child Family foster home. A family foster home is a '~•~ care service. residential facility which provides twenty-four- hour care for up to four (4) children not related to Day care home, small. A home which is licensed the caretaker. The ages of such children may not -~ under the State of Colorado and which provides exceed eighteen (18) years old; provided, however, ~ care, with or without compensation, for not more that those children placed in a home or in the than six (6) children under the age of sixteen (16), custody or jurisdiction of the department of social including the caretaker's children, not attending services shall be considered a child under this def- full-day school, such as a day care, preschool, day inition until age twenty-one (21) years old. nursery or child care service. Farming. The cultivation of land, including Dwelling, multiple. Abuilding orgroup ofbuild- ranching for raising of livestock only, unless oth• ings designed for occupancy by three (3) or more erwise herein spec~cally provided. families' living in separate dwelling units as ten- gage private An accessory building or an sc- ants from month to month or for a term longer Cessory portion of a main building designed for than one (1) month. the shelter or storage of motor vehicles owned or Dwelling, one-family. A building designed for operated by the occupants of the main building occupancy by not more than one (1) family- only. Dwelling, two family. A building designed for Grtrage, public. A garage, other than a private occupancy by two (2) families living in separate garage, used for the housing or care of motor ve- dwellingunits as tenants from month to month or hicles, or where such vehicles are equipped for for a term longer than one (1) month. operation, repaired or kept for remuneration, hire oracle. ; Dwelling unit. A building or :any portion of a building designed for oceupafiey as complete, in•, Heavy equipment: Motorized or non-motorized dependent living quarters for one (1) or more per- construction equipment of six thousand (6,000) sons, having direct access from the outside of the pounds or more empty weight. Sapp. Na. 5 lssl ~;>. 4i.,...', ~ ' ~. 3 ~~ • ,r~ r -,.,;.~i.,. . 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: ~b 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 2 RCW\5302'1\141532.1 ~-- r - • .- - -~,. - . -- ZONING AND DEVELOPMENT Person. Any individual, firm, trust, partner- ship, public or private association or corporation. Porch, unenclosed. A porch which is open to the atmosphere on at least two (2) sides. Premises. A general term meaning part or all of any lot or part or all of any building or structure or group of buildings or structures located thereon. Public building/use. Any building or land held, used or controlled exclusively for public purposes by any department or branch of government, state, county or municipality without reference to the ownership of the building or of the realty upon which it is situated. Public facility. Any facility, improvement or ser- vice, which is essential to the general public, such as, but not limited to, public utilities, energy, drainage or similar services, which is provided by the City of Wheat Ridge, a special district or a public utility. Recreational facility/commercial. A recreation fa- cilityoperated as a business and open to the public far a fee. Recreational facility/public. A recreation facility ~ (c) operated by a governmental agency and open to the public. Recreational vehicle. A vehicle,such as a recre- ational trailer, tent camper trailer, truck camper, travel trailer, motor home or other vehicle with or without motive power, designed and/or constructed to travel on the public thoroughfare and designed for use of human habitation. (d~ Recreational vehicle p¢rk. Any area or tract of land where lots are rented or held out for rent to one or more owners or users or recreational vehi- cles for a temporary time not to exceed three (3) months. Recreational vehicle space. A plot of ground within a recreational vehicle park designated and intended for the accommodation of one recreational vehicle. Residential group homes: (a) Group Home for Children: This is a resi- dential facility which is licensed by the Jef- ferson County Social Services Division for Supp. No. 15 1685 § 26-5 the purpose of providing up to twenty-four (24) hour care, supervision and/or training for children under the age of eighteen (18) years. Those children placed in a home under the age of eighteen (18) but who re- main in the home after reaching the age of eighteen (18) shall be considered a child under this definition until reaching the age of twenty-one (21). Group homes for chil- dren do not include facilities for the place- ment of children by the Youth Services Di- vision of the Department of Institutions, the Mental Health Division of the Department of Institutions, or the Alcohol and Drug Abuse Division of the Department of Health, even if licensed by Jefferson County Department of Social Services. (See section 26.30(P)J Group Homes for the Develop ally Dis- led: This is a resident' acility licensed by state fort urpose of providing twenty- -s care, shelter, supervision, training rehabilitation to develop- ment y disable rsons and additional wired staff. (See sec 6.30(P).) Group Home 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) yeazs of age or older who do not need skilled and intermediate care facilities, plus no more than two (2) live-in staff persons. (See sec- tion 26-30(P).) roup Home for Mentally Ill Persons: This. is idential facility far mentally i sons, as ed by C.R.S. § -102, li- censed by the for purpose of pro- viding twenty-fo staff care, shelter, to ally ill persons and ad3Fb~na1 re- wired staff. fSee section 26-30(P).) Residential health care facility. A residential fa- cility intended for the care of the infirm or aged, where medical attention is provided as a con- tinual beneGE. Rest kome/home for the aged. An establishment, licensed by the State of Colorado, operated for tllc _ _ ___ __ __ 7 ~- ~. two (2) live-in staff persons ~ employed in the care and supervision of such elderly persons. Section 4. A new 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 fo7.lows: handicapped persons as defined in Title VIII or the Civil Riahta Act of 1968 as amended by the Fair Housina Amendments Act of 1988; or ~Z ~3Z mentally ill persons, as defined by C R S. § 27-10-102, res_idina in a aroup 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 I11 Persons" is hereby repealed. Section 6. The following definition of "Non-profit group home" is hereby added. to Section 26-5 of the [~Iheat' Ridge Code of , Laws to read as_follows: Non-profit group home. A group home which is owned and operated by a person or RCW\5302'1 \19 1532.1 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 ~ ' elderly 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 for eight or fewer ersons~ _, , ..: , , lderly p (See section 26-30 (P) and section 26-5 Definitions.) Section 10._ Subsection (B)(13) of Section 26-20 of the Distri Rid(RC-1)aeis hereby amendedlto read as foldlowsmmercial-One (13) Residenti group homes for eight or ~., a v....~., fewerr r lderly persons. (See section 26-30 (P) and section 26-5 Definitions.) Section 11. Subsection (P) of Sectrou 2 homes'f isehereby Ridge Code of Laws, entitled- Residential g p amended to read in its entirety as follows: RCY.'\53027\191532.1 (P) Residential Group Homes: {1) Residential group homes for eight (8) or fewer ..~.~~ 1,...~.. ..r ,....,,~.,..~.,. r,~ ........... ...~~...___1 __- ______ __ F=v elderly persons. In accordance with C.R.S., 1973, as amended, § 31-23-303, group homes for not more than eight (8) a_.._,_~...,._~_,,.. __r._.________ diea3aled; -~=`a_'_1 '_'_'_ r___=-= ,tea elderly persons s~a~e fer ~h ~r~~pese e~ ~ ..: ,,: ~,. ~ ~ w...._ ~° s~af€ Bare, she'~e~ and; e~ rehahi3~-tat}ee ~e ne me~e~ i3 3 ,,,,,,,,,,, ,,_....,..,~.., ,.. a; ., 93 -,3~~1 E-~,r~ 3~i = h ; h ~ h i a' = ~ ns ~ ese- Fer 3 ng ee~e ra sens a d l t ~~}-~ = 1 r a -m , Fx near~ase~x ~ il ar e~ re , €~ -Y ~ .,... ... _ -t~-ie e~s~~. eg ' - l aeme ~rs~ip 3~ne k d} hl d ~e egmenTa _ ;+ de~ =1 ~ nt s a sa e as t d ~ e-Ae ~a y ~ee a-r-e ~~gigte~-arr . effigixe 9e ~n-tn~ekar_____r e ~-the ,. a .. F ; t 1. ,.... ,. F...,. ~-,. ,. ..~: ...~ ,._.~... L e~eirxsive t~se ef^ net mere r"~~ "`'` /°\ . j ~r e,~~d-s~ ~ , , td and = n~ermed}ate ACW\5302,\151532.1 'S addit}enall•~shall meek the t'~fke-16t area - s~3a~'r ova-,nrr=~RH3Rt e~_ .F~ee~r L. € ~} ! ' 4 ~l. L....,... ,. ~ ~ ~ ti .. F $g ~e €~e s~t~~et~~ ~ ^ ~~ € ' g e~ ee sha~~= ~ -~n e~ ~ P dente e e~ € } a. e~se~9 • ~ie~ € ~~ € ~ ---=-a a ~etne~€9 e qt# e atn ~ e ~tg L. „ L. .,F F , Fa-.. tte ~e~ SABT ~ ~' ~ ~~ ~ ~ €e~~ € `' ~ - 9~k3 3Y333 3 e - , ~ } t~nr e ee ~i ~e ~ att ~ ~ -~ ~ae-~e~ ze e~~a ~ ~x ~ 3 ~ ~ c ~ >~~ , __~,.a ..,,.,.,. ~ ~ _ ~~.,~ e~e~e~~~Fe 9en9 9 ~a ~ e ~ Fv.._ ,~~"'^ € ~ ~`ae €~et}sa~ ~~, 098 °~ := € i ~ ~ ee ~•' "," ~ ~ """ ~ pe~ tetne e~ e e e \., a _ a F; Fem.. I se~s -icn\ F....f - 1--~---~ ~ ~~ " ` _ €~ '' tne~e ins€a~tee s a a~ ewe xrr£3e99, a9 €3~a€ a^F^^^'~ r s n n § ~7 €0 ~0~, ~~eense~ ~~~he 9€a€e~~ ~Zttr~~~e~-~~, 599-sQtta~e €ee€ €e~ e~~~ '~~~' e ~ ~tsar~~ F~, 9003 €ee€ F,.~..... ~''''^ ~ ~ ei~ '339€a~ee s~ta~l ^tne~e €han e~ze-{~?- Pe}se~9=Pe=ms~~~e~~Tn~ -- .u~:: ~...Y._'_l_ a~i 9~zicc . - -- RCW\53027\141532.1 t~~et~ h ~~-d ~ ~ € ; } g de~e}e m epar mee e eeta ~= ~~l -- } } ~ ~ 1 ~ }} p en i'-e;F~eya- 3e ~ any ng 3v hs s @Fi--9 ~ ~' ~~ -- ~' ~ ~ - ~ Y }~ 9t3~ ~e i~ ~ 3. i e E~t3e S s i e Ve 8 ~ -~6E3 6~ Ei~ ~ th b m}di ~ eme~ `~i ate s, ane e u m ii L L L -. ~ .. K ~~ b ~u LCTSCY~v'IIl.- l~re~~41_jLS is 24C A i}di ~ €~ ~' ~ ~'i ~' e 3e p i99 ng fkIi 1 ~ ee es~i ei ~9 € ' '~t~~ t ~ ` 43aiiee 6 adr~}li a--6 e~ E3 ~ e 6eb ~t~3Fie~~ th d € ~ ~ ~ en, e epa~ mer e -eemma t-~ {2) Residential group homes for nine (9) or more de~e}epmenfa}3~~ai9a~led~e~se~rs e~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 c~e~~~~a~}~disab}ed~r 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). }~ additien ~A-tt.,. ,..--..,a-. ,, a,. ....,.~ .. ,..,~- ~ ~-b d i Q h t } ~ eaa p rsper _ 1~r4~tann :aad--r_ er ~~a _u_-~_r_~_a_t_ ._ n - e -a z ..c _~~ ,... ; ~rea , ..t:~._ _ _ v d- d b ~d} ~ an € repese tt cg s, ba€€e~ing, € rt~c~t~tena~} enees, €aei}}t wa}}s, ies a-nd- eke., epee t~as}~ ~~eep~a h F ~ } € ~ e-12s, - er ~x~- ~ i- i e~ p ~ s ea ea a.,.-.~; F.. ~i.. ,. res ~x .. xi g a ..i.,-, ..,.-.,-.a-. g ..,. ,..r ________1 ____ ..... .. ___r ____ _ _____,___ _ __ i _ r ~ ~ 1 RCW\53027\141532.1 7 d~it,ebled, a-se~~er Fv ~'~,.~g°°°°~` 1' eens' ng the €ae~}~y-wig--t-~ F ,,.. «F..- -. ~-~ , .. ,~.. ..F a4. ~,] . 1, ~ ] h.. ..A .. ,., . - a F.. : , : ~. ,-.. ,.~ ~., .. , ,. a .. Z2~T~ei` hemee Fed' ~~"~~ ~F-}rmat}en srxbmitted ~''~'-°~ F ..l ,... ,i r.~~ d ser' bes tote-~.r~.y (3) Residential. group home for children. =mss-a ~~esiaent}ate-€ae}1't ,.....F..,,., ~i€' ed-py-de€€e~sen r .._.____ c_ _ __-_ A residential group home for children ae defined by section 26-5, 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 group home RCW\5302'1\141532.1 `-a~---~-s~}fie- - }a € ~} i , g n e ~ er~ ~-~e ~e s €e ••nd i ~xxar d g p ~ ~~ea-a~xd ar es es t t € } an } } area L e en e a ese stiirg "; ~ .~--~`.}en-a re } d i 1~€€er}n € as, an s en } eap ng } and Q ~~}~~- ees, Faa € Q}}}t' s, d ete , a es an ePen gash reRe ~a e} p ~.•••,• • " }-€P '-k~ es, er ~' t3 t any- } B€he c kii e9 ~a F g}}g t? hem L, a~ Y N C~iz~ S ee#a} need € th }d p s e e-res en€s, s ' ~re~ ~~~}t-P-sehea}€~tg e~ tra Wi -.a c....: is a a ng, maw i -.•.... Wit.: c'ia:.~xccaT ~a} }}~ ~-~} = e ~ perman eat res}dent s=a€ ~€ ~e~ f } a ng st a€€, ewner aee~ t€r}er} r+~s}d enee, et e (4)-{e-3- Any special use permit granted pursuant 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 RCW\5302T\141532.1 this subsection (P)~4 "~ 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 . ' ~ __a,.v ' ~ ~ ~'~ ~ ~--~ _`~-~-eeti~~the-ert~~er~ne}}~ie~ za-gr-a~i~g-strc~ speeia~-r~ee~e~x-ice shu}}tee-re~~~ired te~etermine that-t-he ad~se E€€eet en tke residential ean~-~a=i~~-e €-} } €~ }n~2 ., .. ,.-L.L... __~., ....,a ., ,.~ ; mss, ~,~-,,-_ti~,~ __1 egposi~w}zere _ ne v-a~id and aub~~~~~-el_n_c ha~3 been e€€ered to "~v"Y y~ _l J L L .~ ].....v~~ ~FF.~. ..4 ~5 -fd)- 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 morearry-~k 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 RCW\53027\141532.1 1 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 all 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 published 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, Wheat 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\5302'!\141532.1 1 1 ATTEST: WANDA SANG, CITY CLERK 1st Publication: 2nd Publication: .Wheat Ridge Sentinel Effective Date: APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY RCW\5302'/\141532.1 T 2' CITY OF y~EAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. ~- Ordinance No. ~- Series of 1996 TITLE: ,r~0 ODE OFELAWSPERTAININGE o26 OF GROUP HOMES FOR HANDICAPPED, DEVELOPMENTALCHIDDRENI'ED, ELDERLY PERSONS, AND WHEREAS, the City of Wheat Ridge desires to more fully comply with applicable laws of the State of Color udo o nd nities1for States pertaining to residential group housin9Rentally ill, and the handicapped, developmentally disabled, elderly persons; and WHEREAS, in accordance with state and federal laws, the City of Wheat Ridge desires to provide residential group housing oppcrtunities for certain individuals within residential dwelling rou homes meet all applicable requirements units provided that g P generally applied to other res punt ho e is to atedn andes fort e zoning district in which the g P 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 exisafe t rand welfare of the C t ylsnrdesidentsnd protect the health, Y~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF aEAP RIDGE, COLORADO, AS FOLLOWS: Sect_ inn ?- The definition of "Family contain Section 26-5 of the Wheat Ridge Code of Laws is hereby amended as follows: Family One (1) or more persons related by blood, marriage, adoption, or legal custody plus domestic secrr aat gr up °ofd not mo eic~han the premises, three (3) persons who need not be so relate living together as a single housekeeping unit. 1 ~2C'w\5302\191532.2 Notwithstanding the foregoing; a family shall be deemed to include four (4) or more persons that are not related by blood, marriage, adoption, or legal custody occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are: (a) handicapped persons as defined in Title VIII or the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988; or (b) persons with a developmental disability, as defined by C.R.S. § 27-10.5-102, residing in a group home which is licensed by the state of Colorado; or (c) mentally ill persons, as defined by C.R.S. § 27-10-102, residing in a group home which is licensed by the state of Colorado. A household that includes four (4) or more persons identified in subsections (a), (b), or (c) above shall not be excluded from the definition of "family" by the residence in the household of additional necessary persons employed in the care and supervision of sucoT handicapped, developmentally disabled, mentally ill persons. Section 2., Subsection (b) of the definition of "Residential Group Homes" contained in Section 26-5 of the Wheat Developme nt lly Disabled°his hereby repealed up Homes for the 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: (b) 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 two (2) live-in staff persons 2 AC~1\5302'!\191532.2 employed in the care and supervision of such elderly persons. Section 4_ A new 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: (c) For-purposes of this Chapter, a "group home" or "residential group home" shall not include a -.- household of _four (4) or more persons occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are: (1) handicapped persons as defined in Title VIII or the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988; or (2) persons with disability, C.R.S. § 27-1 in a group licensed by Colorado; or a developmental as defined by 0.5-102, residing home which is the state of (3) mentally ill persons, as defined by C.R.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 Ill Persons" is hereby repealed. Section 6. The following definition of "Non-profit group home" is hereby added to Section 26-5 of the 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 organization which is exempt from income taxes pursuant to section 39-22-112. C.R.S. RCW\5302']\141532.2 3 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 S. 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 elderly 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 for eight or fewer elderly 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 for eight or fewer elderly 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: (P) Residential Group Homes: (1 ). Residential group homes for eight (8) or fewer elderly persons. In accordance with C.R.S., 1973, as amended, § 31-23-303, group homes for not more than eight {g) elderly persons are permitted provided that such group home meets all requirements of the zone district in which the group home is located. No such group home for RCYI\5302]\191532.2 4 elderly persons shall be located closer than seven- hundred and fifty (750) feet from another group home for elderly persons. (2) Residential group homes for nine (9) or more 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 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). (3} Residential group home for children. A residential group home'for children, as defined by section 26- 5, shall maintain a minimum lot area o.f 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 group home for children shall be permitted only as a special use. approved in accordance with section 26-6 (B) . {a) Any special use permit granted pursuant to section 26-6 for a-residential group 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 this subsection (P){4) 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. (5) 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 RCW\53027\151532.2 5 verifiable complaints concerning the operation of the group home during the .term of the. special use permit have been received. If one or-more 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. Safetv 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 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 all 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 published 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_c00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. RCW\53027\141532.2 6 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 ATTEST: WANDA SANG, CITY CLERK 1st Publication: 2nd Publication: Wheat Ridge, Sentinel Effective Date: APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY RCW\5302'1\151532.2 7 GORSUCH KIRGIS L.L.C. ATTORNEYS AT LAW S mrE 1100 ]¢OI SEVENTEENTH STREET DENVER, COLORADO 80202 TELEPHONE (303) 299'8900 Fax (303) 298-0215 MAILING ADDRESS P.O. Box 17180 D ENV ER, COLORADO 80217-U IRU May 30, 1996 Meredith Reckert, Planner City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80215 Re: Group Homes Ordinance Dear Ms. Reckert: Bob Widner of our office has asked that the enclosed documents be sent to you regarding the Amended Group Homes Ordinance. Please do not hesitate to contact Mr. Widner should you have any questions in this regard. Very truly yours, Kathie A. Tabor Secretary to Robert C. Widner /kat enclosures ICATHIS\53027\154954.1 ~~. :-n r MEMORANDUM 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 § 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 so we are on the "same page" QUICK BACKGROUND As the proposed ordinance is presently drafted;- there are 5 types of homes: 1. Fair Housing Act (FHA)-protected (Handicapped) Homes , 2. Homes for Developmentally Disabled Persons ~/~~~`~ 3 . Homes for -Mentally 211 Persons ~J~~ • ,y~7~ 4. Group Homes for Elderly Persons ~" 5. Group Homes for Children ~ h Because the FHA requires local overnments to provide (~~ "reasonable accommodations" to handicapped persons, any number of 1 n, such FHA-protected persons are permitted in any residential unit in / y~ 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 ~(,, J ordinance and are not regulated~ Because developmentally disabled and mentally i13 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 _persons 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 persons are permitted in any residential zoning 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 bs-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 RCW\5302'7\149391.1 - - -,_. '~. or fewer persons are permitted as a use by right in residential districts. Elderly homes with more than eight persons must undergo ~ecial 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. 53027\149391.1 /~ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinaace No. Series of 1996 TITLE: AN ORDINANCE AMENDING CIiAPTER 26 OF THE CODE OF_ LAWS_PERTAINING TO GROUP HOMES FOR HANDICAPPED, DEVELOPMENTALLY DISABLED, ELDERLY. PERSONS, AND CHILDREN. WHEREAS, the City of Wheat Ridge desires to more fully comply with applicable-laws of-the State of Colorado o tnnitieslfor States pertaining to_residential gr'oup_ housing opp the handicapped, deve-7.opmentally disabled, mentally ill, and elderly persons; and - WHEREAS, in accordance with state and federal laws, the City of Wheat Ridge desires to-provide residential group housing opportunities for cer"_tain_indvidua].s within residential dwelling units provided that group homes meet all applicable requirements generally applied to otfier residential structures and uses for the zoning district in which the=group home is located; and WHEREAS, such residential group homes should be compatible in size,. bulk, aesthetics, and intensity of use as ether 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 'coiripatibility between group homes and existing residents and existing land uses and protect the health, safety, and welfare of-the City's residents. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. .The definition of "Family" contained in Section 26-5 of the Wheat Ridge Code of Laws is hereby amended as follows: gamily. One (1) or more persons related by blood, marriage, adoption, or legal custody plus domestic servants employed for service on the premises, or a group of not more- than three (3) persons who need not be so related living together as a single housekeeping unit. RCW\53027\141532.2 Notwithstanding the foregoing; a, family shall be deemed to include-;four (4) or more persons that .are .not .related by blood, marriage, adoption, or- legal- -.custody occupying a residential._dwelling unit and living as a single housekeeping unit,if the occupants are: (a) handicapped persons as defined in Title VIII or the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988; or (b) persons with a developmental disability, as defined by C.R.S. § 27-10.5-102, residing in a -group home -which is licensed by the state of Colorado; or (c) mentally .ill persons, as defined by C.R.S. § 27-10-102, residing in a group home which is licensed by the state of Colorado._-_ A household that includes four (4) or .more persons identified in subsections (a), (b), or (c) above shall not- be excluded from the definition of "family" by the residence in-the household of additional necessary persons employed in the care and supervision of such handicapped, developmentally disabled, or mentally ill persons. 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: (b) Group Homes for E.Zderly 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 two (2) live-in .staff. persons RCW\53027\141532.2 employed in the care and supervision of such elderly persons.- Section 4. A new 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: (c) For purposes of this Chapter, a "group home" or "residential group .home" shall not- include a household of four (4) or more persons occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are: (1) handicapped persons as defined in Title VIII or the Civil Rights Act of 1968; 'as amended by the Fair Housing Amendments Act of 1988; or (2) persons with disability, C.R.S. § 27-1 in a group licensed by Colorado; or a developmental as defined by 0.5-102,. residing home which is the state of (3) mentally ill-- persons, as defined by C.R.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 Ill Persons" is hereby repealed. Section 6. The following definition of "Non-profit group home" is hereby added to Section 26-5 of the 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 organization which is exempt from income taxes pursuant to section 39-22-112. C.R.S. ACW\53029\141532.2- - - -- --- - - - - - 3 - - 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. $u$section (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 elderly 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 for. eight or fewer elderly persons. (See section 26- 30(P) and section 26-5 Definitions.) Section 10. Siibsection_(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 for eight or fewer elderly persons. (See section 26- 30 (P) and section 26-5 Definitions.) Section 11. Subsection (P) of Sectiori26-30 of the Wheat Ridge Code of .Laws, entitled "Residential group homes" is hereby amended to read in its entirety as follows: (P) Residential Group Homes: (1) Residential group homes for eight (8) or fewer elderly persons. In accordance with C.R.S., 1973,-- as amended, ~ 31-23-303, group homes for not more than eight (8) elderly persons are permitted provided that such group home meets all requirements`of the zone district in which the group home is located. No such group home for ACW\53027\141532.2 - - 4 elderly persons shall be located closer than seven- hundred and fifty (750) feet -from another group home for elderly persons. (2) Residential group homes for nine (9) or more 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 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). (3) Residential group home-for dhildren. A residential group home.for_children, as defined by section 26- 5, shall. maintain a minimum lot area of fifteen hundred._(15D0) square feet for_each-child residing at the home,- shall be located no closer than two thousand- (2,000)`feef from another group home of any kind,.- and -shall provide view-obscuring screening 'cf 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 cListrict. A residential group home for children shall be permitted only as a special use approved in accordance with section 26-6 (B) ' (4) Any special use permit granted pursuant to section 26-6 for a residential.-group 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 this subsection (P)(4) 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. (5) 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 RCW\53027\141532.2 5 - - - verifiable complaints concerning the operation of the group-home during the term of the special use permit have been received. If one or more 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 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 all 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 published 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, Wheat Ridge, Colorado. RCW\53027\141532.2 6 READ, ADOPTED AND ORDERED .PUBLISHED on second and final reading by a vote_ o_f to _,--this day-of 1996. -'- , SIGNED by the Mayor on this day of 1996. ATTEST: WANDA SANG, CITY CLERK 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY RCW\53027\141532.2 - - - - - - ']- MEMORANDUM To: Planning Commission From: Meredith Reckert, Planner Re: Case No. ZOA-96-9/Group Homes F WHEgT 0 ~ Po n U m ~~L ORP~~ Date: August 9, 1996 Attached please find background information and proposed revisions to the City's group home regtd-aY-ions. Both documents were prepared by the City Attorney's office. In the ordinance, new language is underlined and deletions are ~`• ~oh: 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 include federally protected persons, (Section 1). 2. Amend the definition of "RESIDENTIAL GROUP HOMES" to exclude federally protected persons, (Section 4). 3. 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 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 § 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 so we are on the "same page." QUICK BACKGROUND As the proposed ordinance is presently drafted, there a_re 5 types of homes: 1. Fair Housing Act (F_HA)-protected (Handicapped) Homes 2. Homes for Developmentally Disabled Persons 3. Homes for Mentally I11 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 Dousing Act (that is, they are also FHA-protected Handicapped persons), there is little reason to create a separate classification for these persons 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 persons are permitted in any residential zoning 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 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 IISE 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 CITY OF WHEAT RIDGE, INTRODIICED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. COLORADO Series of 1996 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS PERTAINING T6 GROUP. HOMES FOR HANDICAPPED, DEVELOPMENTALLY DISABLED, ELDERLY PERSONS, AND CHILDREN. 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 persons; and WHEREAS, in accordance with state and federal laws, the City of Wheat Ridge desires to provide residential group housing opportunities for certain individuals within residential dwelling units provided that group homes meet all applicable- requirements generally applied to other residential structures and uses for the zoning district in which the group home is located; 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, and welfare of the City's residents. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The definition of "Family" contained in Section 26-5 of the Wheat Ridge Code of Laws is hereby amended as follows: Family. One (1) or more persons related by blood, marriage, er--adoption, or legal cus~~ plus domestic servants employed for service on the premises, or a group of not more than three (3) persons who need not be so related living together as a single 1 RCW\53027\141532.1 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 2 two (2) live-in staff persons employed in the care and supervision of such elderly persons. Section 4. A new 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 ill persons, as defined by C_.R.S. ~ 27-10-102, residing in a cTroup 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 iil 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 Ill Persons" is hereby repealed. Section 6. The following definition of "Non-profit group home" is hereby added to Section 26-5 of the 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_ RCf4\53027\141532.1 3 _ _.._ _ ~1-.)- hand_icapped persons as defined in Title VIII or the Civil Ri hts Act of 1968, as amended b 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 ari individual or individuals who actually reside at and maintain their permanent and primary place o£ 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 , elderly 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 for: eight or fewer ~~~'!~ =?' °-___ _ _ -~ ~lderly persons. (See section126-30{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 for eight or fewer ~'--~ ~_• ; ~ ~ -~-s,...~,. -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: ACW\53027\141532.1 4 (P) Residential Group Homes: (1) Residential group homes for eight (8)` or fewer r,~~..,....., ~;-,T'- F~-~ elderly persons. In accordance with C.R_S., 1973, as amended, § 31-23-303, group homes for not more than eight (8) _-~.---r---- -- d, ,~, „ •~~ ~a elderly persons -. , .. r _ __ j ~ , ,.~-.-..,-a.. e-' ~~~•a~~~ d~€gne~' ~... eiase~• t'' - - - ~ - ~ ~ -- ~z~.. ~~_ -- -- w F..__ ,-w.. _ „ ,-,~.~ ~~~=.u ~..----• -- ..F: f r es~i~e t~se of net 5 RCW\53027\141532.1 _ _ __-__ -.,tea tars ~,1.. ~ .......- - - - - -- -- - , , b , , .. ,- V-h K ..F +.+ P t3~e-het-~.-~'~a~~ '~ "' n / _ \ egr~a~e~~ __ - __-_ r~.._ F l l ~ 1 `~/ r r _l J~...l ........v_ _1 l G l ~ 1.:...a- ----~ '~' -air 7 ~ ~ L l l - EF! 6~~t"'3 cratzzy t..._.. _'-- -_ -- ' ' - - ~. l .-, ....... ~- L -.... ~v-cr~ri s.,..~.,... ~---s - - l a i-a~' L -, r ~ ti. l l 1 F ' 1 c .. r L- a- -, l - y, F i a- ... ~..] / .. L. l y ^ ~~ ^L .~Lf ~a, l ~__ i L_ ...,., l 7 l l TV~as ...i ..~~~__yL_, _-_. i ~ L - - F a-L... ~~ '~.zZx 1..~.ma l L l l L. ~+ ! ___ L _..... .G...-. RCW\53027\141532.1 tiC-¢~cznzca-~~..r .. ~~__i a. .l ~ l ., i,.,l _a l 1 j .. ~ _._i1.:... _ ~ t- l r-e~ieia- s~s- } }} re}a~i~-t gi e~te t req~xe } d-zh ~ ee b }}d} r g ~r s~~ re~en s, ri :.... v ....: ..... e a ng e- .... _,.,....,. ..~ ae ~^ee }}d.} -r~ ~ b - ~ - --__ €} d i t e e e eg a~e i f - - t}€i re ee es--pr -fi € er-- om ~ gs~ta~tee e - a -eer- ddi~ t3 d ea e e eeer~~a~ t t € e~ 3 i t a re~~; ~e epa a~....~,......,... ~- ~t,.,~~ .,n~i- r men e ---ee -iii rtn-nn Yhr~--nr - om r>m i-ci r+~s ~i ~ -4 i 1 ~3 ~} - ~ - } € ' -` r F3 a ~k ~ f e . e - 9ea r9Zi, 6~ a- c~ asc {2) Residential group homes for nine (9) or more deve-l-ep-tal.~~c-~isa~~~e~se~xs=-e~ elderly persons. Such group homes, as defined in section 26-5 and described and conditioned under subsection (P) (1)-{b-}-- of this section, but where nine (9) or more c~~elepmar~t-e}}~di~b}ewer _ - 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). l { ~~ ~1t € th ~~ i""~i `::.•.-• ae e - ~a i 9 e~ e e e = ~ ~'~J ___r ___f ~_____ af 1 ••••~-4 •.~ - - -- -•~•a • ______ _ •3Ft f ?T7~' f ____ _____- 3 f ~3~~---f_3F1 _____; 91'1718 _ _ ~ n i ._ ~~ ~ _ ~1~~ _ 9 --- ---- ----- ai4 --pr6~309e ra--,r t;, } b 13 3t,~ eas 1 , a-,~==ma ' ~ =a e re~t a e € b €€ i ; r }} t ~rg; - e er -bi l enees, € }}4~ wa s-, d- x e e. , ree~~a sna ae es ae men $ ~ ~ } •-- r-as reeep a i } € t es, e ~ er aa~ ~ i h-€- ~ie~ s ea ea ~res ~ nt g g ~.... .^~ ---- rv..p..,.-- - F..~... - =----1 . `---- = ACW\53027\141532.1 7 ~----F ee~ial needs- f th P id p e e ~ s eats, s ueh 3n~ an fc ^' , s'" - 'x c i ~ a xx c xa <, ~t rikts~arii-tl ^~- _~___ _r-__-- .......~.... cc ~^'~~ ^er-hexes €er the -lde~~~ ^~erxtat}®n st~bm}tted bahieh dese~ibes-~kte ~-~- (3) 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 aroun -home ACW\53027\141532.1 - -- Residential group home for children. '£h~s is-a res~}dential~~Q~l~t~• laerfall~-lieensed e~ Per-t}f~}ed ~~~d~ffe~sen 8exnty-See~al Seri}ems „^~^~'~-^~` er-tie-6tate e€ Eele~ade, aid et~pe~~~d r .._ ----- 7 ' -.,tea ~ ~ G l l F , , 7 - ~- L..._ ~c ~- .. F~ .7 ~- ~ ^ .. F 1 F `- I „c~ ...^ ^ ~- F 7 ., l ~aacL3-- l' F M: l 1.... ~Uv -x~`TTD _ • ~r .] ^„+- .__-_: ~ _ , Any special use permit granted pursuant (4)-('~' ~___ oc_C fir a residential croup home ~e--~r its effec therefor, terms, for ownership, applicant. °y1 v a licant tiveness to the PP and shall provide, by its termination upon cessation of management or use of said The limitation specified in RCW\53027\141532.1 this subsection (P)~~ 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 neicrhborhoods. '' """'"" "" • ~ - a.. ,~ ~-{~}- 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 bv' 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~sa.~ 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~, 10 RCW\53027\141532.1 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 all 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 published 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, Wheat 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\141532_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 7'2 e RUG-14-1996 - 11 13 __ - _ _ GOR9UCH Y.IRGIS___ _-- -- 3032980215.: P.001~006 _ . GURSUCH KIRGIS L.L.c. ATTORNEYS AT LAW TO: OF: CETY:. _ FROM: DATE: PLEASE REVIEW MESSAGE: This message may eonsbtuta privdreged attorney-chant cammrmicatian or attorney worlr prod~re~endunauthodzedaseordradasureisPrd+i7~itod /f youaoenotthei»tendedrecipieet of this message, please advise us by ca/h'r-g cdlect at (3031299-8900 and foiwarda+g tho docr~ment to us by mail to the addross Cisted below. CLIENT NAME; FILE NO.: _ FAXNO.: ~~JS-r~SCJ~ PHONEIYO.; STATE: TIME: PLEASE RESPOND NUMBER OF PAGES TO FOLLOW: ~ Rnot including this page) FOR ASSISTANCE, CALL (3031 299-8900, EXTENSION 2b9 Telephone: {303) 299.8900 Fax: (303} 298-0215 I,oc;ation: Suite 1100 1401 Seventeenth Street Denver, Colorado 80202 Mailing Address: P.O. Box 17780 Denver, Colorado 80217-0180 GORSUCH KIRGIS 3032980215 qUG-14-1996 11 13 --- -------'- R v ' bear Jerry sad Bob: P. 00v0e6 L Yau said you would be "deHghtsd' to receive any comments l might have °'°' the proposed group home ordinance. so here goes. Saturday you also said you hoped I would encourage everyone to understand that they had to "bite the bulled' and axept the ordinance as written. I would say that you are as2ciag them to "bite the cannon' vnth this ordinance, which seems to go beyond the requiremeata of current ease law. Yesterday I picked up the ordinance, as well as Bob's memo to Glen and Meredith's memo to the Plaasting Commission (instead of wattang for the one delivered to mY office, ~ T could look at it im light of the current rode book, which I have at home but not at work) eo I have read the rationale for this drastic change. Meredith's memo sags that "a recent US Supreme Crnsrt decision de*a~~ned that government regulations which treat GROUP~HOMES for'~andiaapped persons"...must sot be dissimilar from those regulations which apply to regular homes for families:' Bob's memo says that °`B8caR8e the I`I3A ray f;Tea local governments to pzovide "reasonable ~ecomanodationa" to handicapped persona. - ---_-_.. __....~....;rrnri in env residential, Meredith's statement and the underlined part of Hob's memo simply are not what the Supreme Court ruled is the Edmonds case. Jerry, I know you were a little ruled when I asked you some months ago if You had read the Supreme Court ruling and you said "of couzae' Please, without being too upset with me, read the attached memo which I wrote far our staff, and the two p age excerpt from the actual ruling- The Court made a point of saying that the FIiA only requires a "reasonable accommodation" for persons with handicaps, not that, ~ '~ `, provisions/zeguiataons for the handicapped had to match exactly the regulations foz famRies. I find myself in an unusual and difficult position- Commenting ~ mY Position as working for the Civil Rights Division I suppose I should support any city N+hich treated any numbex of handicapped persona as a family- And n.o doubt removing all. restrictions on persons with disabilities would make the Wheat Ridge ordinance absolutely unassailable from a fair housing challenge AUG-14-1996 11 13 I GORSUCH Y,IRGIS 3032980215 JVJ~VJT'~VJV P.003i006 a. ~' -'tE But, from the point of view of an old city eouncilmember, and my personal view that it would not be beneficial either to Persona with disabs7itiea or tteighborhoods to malts it possible for someone to put severe]. ham®s in a row with say number °f unrelated people with disabilities in them, I would enc°urage you . to withdraw the ordinance and, write something less dray h Maya ~ ~~° have found it legal to put spacing requirements oa gro P Supxeme Court has not issued say ruling ot~ this. Cities also continue to treat amall'aad ]ergs Homes diffese~ yeve th®y~vill ~ have differentutreatoient of ordinance over (again) homes up to S ia'aumber and homes ou home isauerKaren A~8 sat to touch base with Denver's attorney on the gr p 1•Iope you will not be too irritat®d with my comments. I never know if someone reaIly appreciates legal opxa~.ona from non-1awYers! Lastly, although bomea far tlae handicapped are the big issue,l am startled by Sob's memo stating that "group horses far children are not protected by either federal ox state lav+-' Although there is no "reasoaableQ6aecom~m~~~ ~~= 18) FHA for families with children. "familial status"(lamili ~~ "those a protected class. And. even if they warea't, I disadl~ess of ai~ There's a lot homes must always mndexgo special use review regar 'of case law is countless states rulipg that group homes for chit-dxan belong in residential neighborhoods. I would hate to backtrack on the allowances for children in foster homes that we have in the current ordinance. Arid hearings are a nightmare and shouldbe avoided at all cost, partieularly f~the smaller foster homes. ~~~~ ~ V /yZ~ `~,.. ' RUG-14-1996 11 14 GORSUCH KIRGIS 3032980215 P.004/006 `~ MEMORANDLTluF Tq; Colorado Civil Rights CotnmiaaionJDivision RE; Supreme Court Decision lie Gsoup Homes for Persons with Disabilities FROiVI: Nancy$naw DATL: May 19. 1995 Fast Tuesday, bath major newagapera reported a United States Supreme Cyourt deci~on regarding grouA homes ~ pgzaone with disabilities. The News eitide was very brief The Post article was much longer,, sad appeared to say that the Supreme Court had ruled oa considerably wore issues than it really did. That was fvltowed by as editorial by Deaver Post editorial writer Al Knight, which also imputed to the Court several things it had not said, and implied that, in the future, cities might be able to regulate group homes in only one way. if it had maximum occupsncp codes which were applicable to all residences, whether occupied by the traditional "family" or persons with disabilities. Tho decision was °n a much narrower iaeue than that. The City o£Edmaads claimed that its zoning ordinance-- parfficularly Lhe deSnition of "family" and the allowance of only families in couple family ~Strictso-was completely exempt from the Fair Housing Act under the following Phrase: "Nothing in this title limits the applicability of any reasonable local, State or Federal restrictions regarding the maximum number of occupants permitted to occupy adwelling-" The governasent's position, and that of persons representing the baadieapped, was that the intent of Cvngrress, as expressed in the legislative history, wss that the exemption applied. only to a real occupancy code, setting out such things as square footage per pereea for health reasons- (The legislative history also shows that Congress Put dais exemption in the law when discussing the prohibition against discriminating against families with children, so that it was clear that a city or county could still Iimit how many persons could be is units of a certain aizeJ All the majority on the Court ruled was that the definition of family used in the zoning ordinance was~.an oecl3RPnM' standard as referred to in the statute, but a use 'c • n, and so it was not exempt under the above exemption Sn the Fair Housing Act- The Court: didn't rule ou anythntg else. It left for lower courts to decide if theme '` ordinance violated one of two parts of the Feu' Housing Act. 1. that the city's ordinance discriminates against or "othern*ise makes unavailable" housing for the handicapped, or, 2. whether the city failed "te make reasonable accommodatiaa° for persons with handicaps. In the middle of the decision, it mentions that a city onll* has to make "reasonable" accommodations. In short, the decision is sat earthshaking. It would have been earthshaking, and devastating to persons with disab~litces, ~ the Supreme Court had ruled the other way- That would have meantuhaht ~ a for per one with disabilities ~romons of family" to totally exclude pro p residential cb.atrlCts. ' RUG-14-1996 11~-15 f GORSUCH KIRGIS 3032980215 """" - rna_nv. SU3rby4*~7tf~U ®4.•33-OPINION CITY OF EDMONDS v. OXFORD 13OVBE, INC. >1 IY-I2, 16. Tt is curious reasoning indeed that caaverts a family values preserver into a malorrium oocupaacy rr striction once a town adds to a related persons prescrip- tion "and also two unrelated parsoalt."ss Edmonds additionally contends that subjecting siagle- family zoning to PHA sctatiyy will `overturn Euclidian zoning" and "destroy the effectsveaesa and purpose of single-family saniag." Brief for Petitioner L1, 25. This' contention bath ignores the limited scope of the issue before us and exaggerates the force of the k`HA'a anti- discrimination provisions. 'We address only whether Ed- monds' family composition rule qualifies for §S60?(b){i) exemption. Moreover, the PHA antidiecriminatian nrovi- ssons. when applicable, require an1,p "resao le' use~tga~' boos' §§ss04(f)(21{A7 and . . The partiaB have preaeatod, and we have decided, only a threshold guostion: Edmonds' zoning code provision describing who may compose a "family" is not a maxi- mum occapaacy restriction ezampt $om the PFIA under §36O4(b){1). It remains for the lower courts to decide whether Edmonds' actions against Ox{ord Rouse violate the P'IiA's prohibitions against diecriminatioa set out in ==This curious reaaoaing drlvas the dissent 'If Edmonds allowod only :plated pnraoaa (whatover their aamber7 to dwell is a boase fn n aingle•famlly zone, rhea the diaaent, it aypeara, would aEr`•c that the ~SBe7(bX 1) exemption is umvaffeble. But ao long de the City ialxoducea a specific muabes-.¢ay number (two will dol--the City can inaolate £ts single-Fam11q sons cntlraly 4om t"IiA average. 'The eaeeptiea-talcsa-tho•rule xee63ng the dfuooat advances ie bardl9 tho . 'generona eemtruccloa- ~varraamd Far aatidiaarimiuatien pivoarip• tloae. Bee ThsJ}4ean.re v. McLropatit¢a Li{e Inc. Co„ 409 U- S. 206, 212 (1672). ,a:'~ __ P.005~006 P. 5 `, ' AUG-14-1996 1115 GORSUCH KIRGIS r ee-2~al+iNioN 3032980215 P.006/006 12 CITY OF ]a.DMONDS u USkTORD HOUSE, INC. §§3504(f)(1)(A) and {~(S)(B). For the seasons stated, flee judgment of the ila3ted States Court of Appeala fox th® Ninth Circuit is tljjirmed. TOTAL P.006 ~ ~~~ ~ GORSUCH KIRGIS L.L.C. ATTORNEYS AT LAW SUITE I IOO TELEPHONE (3O3) 299-8900 MAI L[NG ADDRESS ICOI SEVENTEENTH STREET FAx (303) 298-0215 P.O. BOX 17180 DENVER, COLORADO HO2O2 DENVER, COLORADO SO2I ~-OISO GERALD E. DAHL , DIRECT DIAL: 303-299-8930 VIA TELECOPY (894-7830) August 19, 1996 Ms. Nancy Snow Civil Rights Division Department of Regulatory Agencies State of Colorado 1560 Broadway, Suite 1050 Denver, Colorado 80202 Re: Wheat Ridge Group Home Ordinance Dear Nancy: I was pleased to receive your letter of August 13, 1996, and I appreciate your taking the time to review and comment on the proposed ordinance. You have raised a couple of issues which I think are best discussed in the context of the statutory and case law background surrounding the Fair Housing Act, as amended in 1988. Before discussing the Edmonds case and the federal district and appellate case law, a disciplined analysis must begin, of course, with the Fair Housing Act itself. The legislative history of the Fair Housing Amendments Act of 1988 (FHAA) describes its intended impact on state and local government regulatory authority: "The Committee intends that the prohibition against discrimination against those with handicaps apply to zoning decisions and practices. The Act is intended to prohibit the application of special requirements through land use regulations, restrictive covenants and conditional or special use permits that have the effect of limiting the ability of such individuals to live in the residence of their choice in the community.. . While state and local governments have authority to protect safety and health and to regulate use of land, that authority has sometimes been used to restrict the ability of individuals with handicaps to live in communities. This has been accomplished by such means as the enactment of health, safety or land use requirements on congregate living arrangements among non- GED\53029\161595.2 Ms. Nancy Snow August 19, 1996 Page 2 related person with disabilities. Since these requirements are not imposed on families in groups of similar size of other unrelated people, these requirements have the effect of discriminating against people with disabilities." H. Rep. No. 100-711, 100th Cong. 2d Sess., reprinted in 1988 U.S. Code Congressional and Admin. News 2173, 2184-85. The substantive provisions of the statute itself prohibit, at 42 U.S.C. § 36O4(f){2), discrimination: "[a]gainst any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities ,. in connection with such dwelling, because of handicap of- (A) that person; or (B) a person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or (C) any person associated with that person." Further, 42 U.S.C. § 36041f)(3)lB) defines "discrimination" for purposes of the subsection to include: "(B) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling." An accommodation is reasonable unless it imposes "undue financial and administ~atrcve burdens on the government or requires a fundamental alteration in the nature of a prog Southeastern Community College v. Davis, 442 U.S. 397 (1979); Smith & Lee v City of Taylor, 13 F.3d 920 (6th Cir 1 yy.i). i ne rriAA also states that "any law of a state, political subdivision or other such jurisdiction which purports to require or permit any action that would be a discriminatory housing practice under the subchapter shall to that extent be invalid." 42 U.S.C. § 3615. As you know, 42 U.S.C. § § 3603, 3604(f)l9) and 3607 provide for exemptions from the FHAA. One such exemption is that nothing in the FHAA "prohibits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling." As you point out, the Supreme Court in Citv of Edmonds v. Oxford House .held that the City's zoning restriction defining a "family" that may live in a GED\53027\161595.2 Ms. Nancy Snow August 19, 1996 Page 3 single-family residential district, as any number of persons related by blood or marriage but no more than 5 unrelated persons, did not qualify for this exemption from the FHAA. The Court remanded the case for determination of whether the restriction violated the FHAA. Of course, Edmonds merely underscores what we both already knew: that the real action in this area is taking place in the federal district and appellate courts, where there are dozens of cases applying the FHAA's restrictions to local land use authority. It is that body of case law which is and should be of serious concern to all local land use authorities whose group home restrictions and processing requirements have not been recently updated. In light of the many cases invalidating almost every feature of the present Wheat Ridge regulatory program on the subject, it is entirely appropriate for the City to take this issue up without delay. It is useful to look at each of the key features of the Wheat Ridge group home regulatory program, in light of the decided case law: Special Use Permit Requirement for Homes with 9 or More Residents: Citv of Cleborne v. Cleborne Living Center, 437 U.S. 432 (1985): Decided under equal protection clause and Fair Housing Act; city ordinance requiring special use permit for group home for mentally ill held invalid as there was no rational basis for believing that the home would pose any threat to legitimate governmental interest; ungrounded fears and biases do not create legitimate interests; mental retardation is not aquasi-suspect class and so heightened scrutiny is not required. Stewart B. McKinney Foundation, Inc. v. Town of Fairfield, 790 F. Supp. 1 197 (D. Conn. 1992): Special permit process for AIDS hospice violates FHAA because it treats 7 unrelated handicapped persons differently than 7 non- handicapped persons. Baxter v. City of Belleville, Illinois, 720 F. Supp. 720 (S.D. III. 1989): Denial of special use permit for AIDS hospice violated FHAA as both discriminatory intent and effect were shown. Ardmore v. City of Akron, 1990 W.L. 385236, (N.D. Ohio 1990): conditional use permit process violates the FHAA. Posted Notice Advising Community of Application for Certificate of Occupancy for Group Home: Potomac Group Corporation v. Montgomery County, 823 F. Supp. 1285 (D. Md. 1993}: Invalidated a notice requirement finding that no legitimate governmental interest supports such a requirement and that the notice actually caused great harm by galvanizing neighborhood opposition to the group home and its residents. "This requirement on its face creates an explicit classification GED\53027\161595.2 Ms. Nancy Snow August 19, 1996 Page 4 based upon disability and is not supported by any justification ...the neighbor notification rule, and defendants' proffered justifications for it, necessarily assume that people with disabilities are different from people without disabilities and must take special steps to 'become part of the community.' This requirement is equally as offensive as [a] rule that a minority family must give notification and invite comment before moving into a predominantly white neighborhood." 823 F. Supp. at 1296. 2,000 Foot Spacing Requirement You point out that "many federal courts have found it legal to spacing requirements on group homes . ." I agree, but I also believe that the trend of the case law on this issue argues for invalidation of those requirements. Any city is truly gambling by including spacing requirements in its regulatory approach: Familvstvle of St. Paul v. Citv of St. Paul, 923 F.2d 91 (8th Cir. 1991): Supporting spacing between group homes as rationally related to advancing integration of handicapped persons into residential communities. The Familvstvle court noted that handicapped persons were not a "suspect class" deserving heightened scrutiny in evaluating restrictions on housing opportunities under the FHAA. Therefore, the court employed a "rational basis" standard to test whether the restriction on handicapped housing opportunities should be invalidated; if a restriction is "rationally related to a legitimate governmental purpose," the restriction should be upheld. However, the Tenth Circuit rejected the Familvstvle court's rational basis test in Bangerter v. Orem Citv Corp., 46 F.2d 1491 (10th Cir. 1995), noting that handicapped persons were a "protected class" of persons under the FHAA, thus implying that a more demanding standard other than a mere rational relationship might be appropriate for FHAA claims. Horizon House Development Services Inc v Township of Upper Southampton, 804 F. Supp. 683 (Ed. Pa. 1992), afifirmed, 985 F.2d 217 (3rd Cir. 1993}: Finding spacing requirement facially invalid as a discriminatory policy. Provider has standing to challenge ordinance and can sue without first seeking variance; spacing requirement facially invalid (rejecting Familvstvle rationale), has a discriminatory impact and is overbroad; FHAA requirements cannot be avoided by claims that the city already has its "fair share" of group homes. Association for Advancement of Mentally Handicapped v. Elizabeth New Jersev, 876 F. Supp. 614 (D.N.J. 1994): 1,500 foot spacing requirement found facially invalid under FHAA. Larkin v. State of Michigan, 883 F. Supp. 172 (E.D. Mich. 1994): City's zoning ordinance requiring 1500 foot spacing between group home violated FHAA. G3%]\53029\161595.2 Ms. Nancy Snow August 19, 1996 Page 5 Plymouth Charter Township v Department of Social Services, 501 N.W.2d 186 (Mich. App.), appeal denied, 503 N.W.2d 449 (Mich. 1993): upheld spacing and other licensing requirements for commercial adult foster care facility against FHAA challenge on the basis that they regulate a commercial enterprise and made no attempt to prohibit handicapped individuals. Limitation to No More than One of Each Category of Group Homes Per Council District Similar to the requirement for a posted notice or other neighborhood notification, this restriction will be found to be facially invalid: Association for Advancement of Mentally Handicapped v Elizabeth New Jersey, 876 F. Supp. 614 (D.N.J. 1994), holding as facially invalid an ordinance that required denial of conditional use permit to house the developmentally disabled if existing community residences or shelters within the township exceed the greater ofi 50 persons or 0.5% of the population. Horizon House Development Services Inc v Township of Upper Southampton, 804 F. Supp. 683 IEd. Pa. 1992), affirmed, 985 F.2d 217 (3rd Cir. 1993): FHAA requirements cannot be avoided by a claim that the city already has its "fair share" of group homes. I am aware that the City and County of Denver is considering amendments its group home ordinance again, and I enjoyed Karen Aviles' presentation at the Colorado Municipal League conference on this subject in June of last year. I'm certain that she will tell you, as she told the attendees at that session, that the trend of the case law on these various forms of disparate treatment is toward invalidating local regulations on the basis of the FHAA. As the Federal District Court in Potomac Group Home v. Montaomerv County supra, stated: "Recognizing the purpose and breadth of provisions of the FHAA, courts have consistently invalidated a wide range of municipal licensing, zoning and other regulatory practices affecting persons with disabilities. See, e.g., Marbrunak, Inc. v Citv of Stow, 974 F.2d 43, 47 (6th Cir. 1992) (striking down discriminatory fire and safety codes); Horizon House Developmental Services Inc v Township of Upper Southampton, 804 F. Supp. 683, 693 (E.D. Pa. 1992), (striking down 1,000 foot spacing requirement); A.F.A.P.S., 740 F. Supp. at 103 (enjoining refusal to issue special use permit to AIDS hospicel; Stewart B. McKinney . _ __ ._.. oundation, Inc. v. Town Plan and Zonino Commission, 790 F. Supp. 1197, 1219 (D. Conn. 1992) (invalidating special exception process. 823 F. Supp. at 1294-95. GED\5302')\161595.2 Ms. Nancy Snow August 19, 1996 Page 6 I am sure that you have noted in your review of the case law that the courts often closely scrutinize local government restrictions that impose disparate treatment against handicapped persons. In light of the FHAA's legislative history and the case law, it is difficult to unconditionally support an ordinance that would place restrictions upon group homes for the handicapped which are not applicable to other groups of persons. Imposition of such restrictions should be accompanied by an understanding of the potential risks which include invalidation of the ordinance and monetary damages. See, e.a•, U.S. v. Citv of Tavlor,. 872 F. Supp. 423 (E.D. Mich. 1995) {court awarded 520,000 punitive and 5285,000 actual damages for discrimination under FHAA}; 42 U.S.C. §§ 3610-3614 {authorizing FHAA enforcement actions and awards for damages and attorney fees to prevailing parties). With respect to your comments on the City's authority to regulate group homes for children, I think you have correctly identified that "familial status" is a protected class under the original Fair Housing Act (FHA). Discrimination against persons based on familial status in the sale and rental of housing is prohibited. Familial status is generally defined to include a person under 18 years of age residing with a parent or parent's designee. Based on our research, however, there is no case law applying the FHA to local government restrictions on group homes for children. This contrasts sharply with the abundant case law involving handicapped persons. Familial status cases largely address "adults only" housing limitations and other private restrictions which deny the sale or rental of housing to families with children. See e.a•, Jancik v. Department of Housino and Urban Dev 44 F.3d 553 (7th Cir. 1995)("mature person" rental policy discriminated against housing based on familial status). The absence of case law, and the fact that the FHA provisions concerning familial status have not been applied to group homes, would arguably permit a somewhat lesser degree of caution in regulating group homes for children. We believe that the City of Wheat Ridge has the present authority (which it presently exercises) to require group homes for children to obtain special use permits provided that the permit process is not merely a means to deny housing opportunities for these uses. While we might certainly agree that to continue to set requirements is not or should not be good Wheat Ridge policy, the City has the ability to do so. In contrast, the City's regulatory authority to treat group homes for handicapped person in this manner is considerably more circumscribed as evidenced by the case law. As I have said above, the action in this field is very clearly in the federal district courts, who have been quite vigorous in their enforcement of the FHAA, to the extent of completely invalidating local regulations containing many of the features of the present Wheat Ridge approach to group homes for handicapped individuals. We will not have to wait, nor would it be prudent to wait, for the United States Supreme Court to invalidate a system or systems similar to that employed by Wheat Ridge. The large body of case law on this subject simply cannot be ignored. Because of some of the arguably facially invalid portions of the Wheat Ridge system, a complaint could be filed at any time in the Federal District Court for the District of Colorado. With the single exception of the spacing requirements, I do not believe that the changes in the proposed ordinance are at all "drastic," in light of the case law. On the issue of spacing itself, I do not think any responsible person will tell the Council that they GED\93027\161595.2 Ms. Nancy Snow August 19, 1996 Page 7 are judgment proof. As we discussed on the telephone, there may be a role fora 750 foot requirement for homes of nine persons and greater. As you know, the Planning Commission's agenda was very full on August 15 and the public hearing on this matter was continued until September 5. I hope that we will have an opportunity to discuss these matters more fully before that time. Obviously, City Council will not take up the proposed ordinance on first reading until after the Planning Commission completes its review. I would hope that you would reconsider your view on the matter in light of the thoughts in this letter and the referenced case law. As always, it was good to hear from you. Sincerely, GORSUCH KIRGIS ~.~.c. Gerald E. Dahl GED/jtd GED\53027\161595.2 CONFIDENTIAL AND PRIVILEGED ATTORNEY/CLIENT COMMiTNICATION MEMORANDUM TOc MAYOR AND CITY COUNCIL FROM: GERALD E. DAHL DATE: AUGUST 19, 1996 RE: WHEAT RIDGE GROUP HOME ORDINANCE As directed by Council, I have drafted a revision to those sections of the Code of Laws regulating group homes in Wheat Ridge_ These recommended changes are designed to bring the City's approach to this issue into harmony with-the federal Fair Housing Act, as amended in 1988, and as interpreted by the federal courts, including the recent decision of the United States Supreme Court in City of Edmonds v. Oxford House (May 15, 1995),__ Before discussing the Edmonds case and the federal district and appellate case law, a disciplined analysis must begin, of course, with the Fair Housing Act itself. The legislative history of the Fair Housing Amendments Act of 1988 (FHAA) describes its intended impact on state and local government regulatory authority: "The Committee intends that the prohibition against discrimination against those with handicaps apply to zoning decisions and practices. The Act is intended to prohibit the application of special requirements through land use regulations, restrictive covenants and conditional or special use permits that have the effect of limiting the ability of such individuals to live in the residence of their choice in the community. While state and local governments have authority to protect safety and health and to regulate uSe of land, that authority has sometimes been used to restrict the ability of individuals with handicaps to live in communities. This has been accomplished by such means as the enactment of health, safety or land use requirements on congregate living arrangements among non-related person with disabilities. Since these requirements are not imposed on families in groups of similar size of other unrelated people, these GED\53027\161595.2 requirements have the effect of discriminating against people with disabilities." H. Rep. No. 100-711, 100th Cong. 2d Sess., repri_ non 1988 U.S_ Code Congressional and Admi.n_ News 2173, 2184-85. The substantive provisions of the statute itself prohibit, at 42 U.S.C. § 3604(f)(2), discrimination: "[a]gainst any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of handicap of- (A) that person; or (B) a person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or (C) any person associated with that person." 42 U.S.C. § 3604(f)(3)(B) defines "discrimination" of the subsection to include: Further, for purposes ~~(g) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodaerson coequal necessary to afford such p opportunity to use and enjoy a dwelling." ~, An accommodation is reasonable unless iOVe P ment ordurequireslaa and administrative burdens on the g ro ram." Souther ??_ fundamental alteration in the nature of a P g _ Smith & Lee~v. Community Colle4e v. Davis, 442 U.S. 397 (19The FHAA also states Citv of Taylor, 13 F_3d 920 (6th Cir 1993). that "any law of 'a state, political subdivision or other such jurisdiction which purports to require or permit any action that would be a discriminatory housing practice under the subchapter shall to that extent be invalid." 42 U_S.C. § 3615. The FHAA, at 42 U.S.C. §§ 3603, 3604(f)(9) and 3607 provides for exemptions from the FHAA. One such exemption is that nothing in the FHAA "prohibits the applicability of any reasonable local, state or federal restrictions regardingg thTheaSumreme Court on occupants permitted to occupy a dwellin p Cit of Edmonds v. Oxford House held that the City's zoning restriction defihing a "family" that may-live in a single-family residential district, as any number of ersonss didanot quablifydfor marriage but no more than 5 unrelated p -2- ceo\ssoz~\isis4s.z this exemption from the FHAA. The Court remanded the case for determination of whether the restriction violated the FHAA. Edmonds merely underscores that the real ac ellate court~arwhere taking place in the federal district and app there are dozens of cases applying the FHAA's restrictions to local land use authority. It is that body of case law which is and should be °homerrestrict ons and processing requirements havetnot whose group dated. been recently uP It is useful to look at ro r m tin 1 ghteofuthe decidedwcase Ridge group home regulatory p g law: S ecial IIse Permit Re irement for Aomes with 9 or More Residents: Cit of Cleborne v. Clebor al L r tectio'neclause and Fair- (1985): Decided under equ P Housing Act; city ordinance requiring special use permit for group home for mentally ill held invalid as there was no rational basis for believing tovernme tale wontereste any threat to legitimate g ungrounded fears and biases do not create asegsuspect interests; mental retardation is not a qu class and so heightened scrutiny is not required. Stewart t~. ~~~~~..~~~~~~ --- 5 eclal Fairer ld~-_~90 F. Supp. 1197 (D. Conn:'T992 = permit process-for AIDS hosppP ce ersons diff rentlysthan treats 7 unrelaead ersonsa ed p 7 non-handicapp P Baxter v. Cit of Belleville Illinois, 720 F. Supp• 720 ig`gg) Denial of special use permit for AIDS (S.D. I11. hospice violated FHAA as both discriminatory intent an effect were shown. Ardmore v. Cit of Akron, 1990 W.L. 385236, (N.D. Ohio ,ca4n1- conditional use permit process-violates the FHAA. Potomac Grou Co oration v. Mon Invalidated ~a notice Supp. 1285 (D. Md. 1993)= itimate governmental requirement finding that no leg interest supports such a require alvania ng aneighbo~hood actually caused great harm by 9 opposition to the group home and its residents. "'This requirement on its face creates an explicit classification based upon disability and is not supported by any justification the neighbor notification rule, and defendants' proffered justifications for it, -3- GED\5302')\161595.2 necessarily assume that people witYl disabilities are different from people without disabilities and must take special steps to 'become part of the community.' This requirement is equally as offensive as Ta] rule that a minority family must give notification and invite comment before moving into a predominantly white neighborhood." 823 F. Supp. at 1296. ~ 000 Foot Spacing Requirement I believe that the trend of the case law on this issue argues for invalidation of spacing requirements. Familvstvle of St Paul v Citv of St. Paul, 923 F.2d 91 (8th Cir. 1991]: Supporting spacing between group homes as rationally related to advancing integration of handicapped persons into residential communities. fihe Familvstvle court noted that handicapped persons were not a suspect class" deservirig heightened scrutiny in ~~ evaluating restrictions on housing opportunities under the FHAA. Therefore, the court employed a "rational basis" standard to test whether the restriction on handicapped housing opportunities should be invalidated; if a restriction is "rationally related to a legitimate governmental purpose," the restriction should be upheld. However, the Tenth Circuit rejected the Familvstvle _ court's rational basis test in Bangerter v Orem City _. COrP•, 46 F.2d 1491 (10th Cir. 1995), noting that handicapped persons were a "protected class" of persons under the FHAA, thus implying that a more demanding standard other than a mere rational relationship might be appropriate for FHAA claims. rior7.zVU nvuav ~~~~~„ .,.... ~ ____. _._ -_-_--. ,_ _. .. -. _ Jbper Southampton, 80'4_ F. Supp. '683 (Ed. Pa. 1992), affirmed, 985 F.2d X17 (3rd Cir_ 1993): Finding spacing requirement facially invalid as a discriminatory policy. Provider has standing to challenge ordinance and can sue without first seeking variance; spacing requirement facially invalid (rejecting Familvstvle .rationale), has a discriminatory impact and is overbroad;- FHAA` requirements cannot be avoided by claims that the city already has its "fair share" of group homes. Elizabeth New Sersey, 876 F. Supp. 614 (D.N.~7. 1994): 1,500 foot spacing requirement found facially invalid under FHAA. _ Larkin v State of Michigan, 883 F. Supp. 172 (E.D. Mich. 's zonin ordinance requiring 150Q foot 1994): City g spacing between group home violated FHAA. -4- GED\5302'!\161595.2 Services, 501 N_W.2d 186 (Mich. App.}, appeal denied, 503 N.W.2d 449 (Mich. 1993}: upheld spacing and other licensing requirements for commercial adult foster care facility against FHAA challenge on the basis that they regulate a commercial enterprise and made no attempt to prohibit handicapped individuals. Limitation to No More than. One of Each Cateao_ry o_f Group Homes Per Council District Association for Advancement of Mentally Handicapped v. _ Elizabeth, New Jersey, 876 F. Supp. 614 (D.N.J_ 1994), holding as facially invalid an ordinance that required denial of conditional use permit to house the developmentally disabled if existing community residences or shelters within the township exceed the greater of 50 persons or 0.5% of the population. Horizon House Development Services,- Inc. v. Township of Upper Southampton, 804 F. Supp. 683 (Ed. Pa. 1992), affirmed, 985 F.2d 217 (3rd Cir'. .1993): FHAA requirements cannot be avoided by a claim that the city already has its "fair share" of group homes. Conclusion The trend of the case law on these various forms of disparate treatment is toward invalidating local regulations on the basis of the FHAA. As the Federal District Court in Potomac Group Home v. Montgomery County, supra, stated:, "Recognizing the purpose and. breadth of provisior_s - of the FHAA, courts have consistently invalidated a wide range of municipal licensing, zoning and other regulatory practices affecting persons with disabilities. See, e.g., Marbrunak, Inc. v. City of Stow, 974 F.2d 43, 47 (6th Cir. 1992) (striking down discriminatory fire and safety- codes); Horizon House Developmental Services,. Inc. v. Township of Upper Southampton, 804 F. Supp. 683, 693 (E_D_ Pa_ 1992), (striking down 1,000 foot spacing requirement); A.F.A.P.S_, 740 F. Supp. at 103 (enjoining refusal to issue special use permit to AIDS hospice); Plan and Zoning Commission, 790 F. Supp. 1197, 1219 (D. Conn. 1992) (invalidating special exception process. 823 F. Supp. at 1294-95. _- GED\53027\161595.2 - 5 The courts often closely scrutinize local government restrictions thaht 1of othe FHAA rs legislative his Cory andntdheapase persons- In lig law, it is difficult to unconditionhomessfo P the handicapped which would place restrictions upon group ersons. Imposition of such are not applicable to other groups of P an understanding of the restrictions should be accompanied by potential risks which include invalidation of the ordinance and U S v City of Tavlor, 872 F. Supp- monetary damages. See, e-2.~ 000 punitive and $285,000 423 (E.D. Mich- 1995) (court awarded $20, actual damages for discrimination under FHAA}; 42 U.S.C. §~ 3610- 3614 (authorizing FHAA enforcement actions and awards for damages and attorney fees to prevailing parties). With respect to the City`s authority to regulate group homes for children, "familial status" is a protected class under the original Fair Housing Act (FHA). Discrimination against persons based on familial status in the enerally defineciotoh~nclude 1a prohibited. Familial status is g arent or parent's person under 18 years of age residing with a p designee. Based on our re overnmen ~ restrictions on groups homes applying the FHA to local g for children. This ed ntersons sharpamilial stat bundases clargely involving handicapp P housing limitations and other private. address "adults only" restrictions which deny tJancikev Deeartment of Hou s n Viand Urban with children. See e:a., erson" rental policy Dev., 44 F.3d 553 (7th Cir. 1995}("mature p discriminated against housing based on familial status). The absence of case law, and the fact that the FHA provisions concerning familial status have not been applied to group homes, abl ermit a somewhat lesser degree of caution in would argu Y P regulating group homes for children. We believe that theresently Wheat Ridge has the present authority (which it p exercises) to require group homes for children to obtain special use permits provided that the permit process is not merely a means to deny housing opportunities for these uses. While to con hasethe set requirements is a Council policy decision, the City ability to do so. In contrast, the Citye~son~intshisumannery is treat group homes for handicapped p considerably more circumscribed as evidenced by the case law. -6- GED\5302'1\161595.2 CITY OF AHEAT RIDGE MEMORANDIIM TO: Mayor and City Council FROM: Robert C. Middaugh, City Administrator~G~-- 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 09/00/96 FRI -17:00 F,1% 900 298 0215 GORSUCH %IRGIS f~j 002 CITY OF 7P8EAT RIDGD, COLORADO INTRODUCED BY COUNCIL D~E,~gg Council gill No. Ordinance No. Series of 1996 TIx*LE: AN ORDINANC$ AMENDING CHAPTER 26 OF THE CODE OF LAWS PERTAINING TO GRO[7P HOME$ FOR HADIDICAPPED, DEVELOPMENTALLY DIS- ABLED, ELDERLX PERSONS, AND CHILDREN, AND DECLARING AN EMERGENCY. 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 persons; .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, and welfare of the City~s residents. BE IT ORDAINED By THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: t'on Subsection (P)(1} of Section 26-3p of the Wheat Ridge Code of Laws is hereby amended to read: (P) Residential Group Homes: (1} Residential group homes for eight (8) or fewer developmentally disabled persons, mentally i11 persons or for elderly persons. In accordance with C.R.S., 19'I3, 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 staff care, shelter, supervision, training and/or rehabilitation to no more than eight (8} developmentally disabled persons and c~worn,a3avo.i 08/06/86 FRI 17:01 FA% a0a 298 0215 GORSUCH %IRGIS additional required staff. As defined in C.R.S. § 31-23-303, "Developmentally disabled" means those persons having cerebral palsy, neuromuscular, mental retardation, autism and epilepsy. A gzoup home for the developmentally disabled shall not be architecturally designed so as to be inconsistent with the character of the surrounding neighborhood. Every gzoup home for the developmentally disabled shall meet all requirements of asingle-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 e7 a,...i_. -~~ ._ (b) Group Flomes for &lderly Persona: This is a residential facility established as either an owner-occupied or nonprofit group home far the exclusive use of not more than eight (g) persons sixty (60) years of age or older who do not need skilled and interniediate care facilities, plus no more than two (2) live-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 (1,500} square feet for each bed contained within the home. No group home for elderly persons shall be located closes than two thousand (2,000) feet from another group home for elderly persons. and no closer than seven hundred fifty (750) feet to a gzoup home for the developmentally disabled .... rdooa OEDf33Q171163370_t - 2 09/00/96 FRI 17:01 FtLY 303 298 0215 GORSUCH AIRGIS (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, supezvision, txaining and/or rehabilitation to no more -than eight (8) 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 of 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 developmentally disabledT a;_~.. (d) Certificate of Occupancy: Prior to occupancy of any group home for the mentally ill, the developmentally disabled or elderly persona, 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 inspectien division shall review such requests relative Co the building and fire codes prior to issuance of a certificate of occupancy. ~ ~~,~-t-a~i}71 .,._ __ ~._ _ SeC~'~nn ~ Subsection (P}(3) of the Wheat Ridge Code of Laws is amended to read: rdooa ~157QZ7116i590.7 -3- OS/06/96 FRI 17:02 Fd% a09 298.0215 GORSUCH HIRGIS C~j005 (3) Residential group home for cllildrels. This is a residential facility, lawfully licensed or certified by Jefferson County Social Services Department or the State of Colozado, and supervised by Jefferson County gocial 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 (2500} square feet for each child residing at the home, shall be located no Closer than two thousand (2,ppp} feet from another group home of any kind, and shall provide view-obscuring screening of any additional structure, such as a trash dllmpster or playground equipment associated with the group home, which is inconsistent with the character of the surrounding neighborhood. ~ In order to assess a p p group home facility, the following information shall be submitted by the applicant and used by the planning commission and city council in considering approval of a special use per;~t; (a) A site plan of the site indicating property boundaries and area location and extent of alI 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 propased facility. (b) A letter from the agency licensing the facility with the following information: 2• 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. CED1570Z111(3390.3 _!,}' 09/06/96 FRI 17:02 F~1S J03 298 0215 GORSUCH %IRGIS 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. (c} pny special use permit granted pursuant to this section 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 this subsection (p)(3){c) 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. In order to achieve that objective, the city council, prior to granting such special use germit, shall be required to determine that the proposed group home will not have an adverse effect on the residential chazacter and quality of life in the particular neighborhoods of its location. The council may not deny a apeciai 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 depaztments and those of the county department of social services, it is determined that no written verifiable complaints concerning the operation of the ~DU30m[13390.1 _ 'S- [~ooa 09/08/98 FRI 17:Oa Fs1S a03 298 0215 G6RSUCH HIRGIS group home during the term of permit have been xeceived. complaints have been received, for renewal must be heard by under the same requirements special use permit. the special use zf any such the application :he city council as for a new Section 3. Effect*ve Date• Emg~rganny Declared. Pursuant to Section 5.13 of the Charter, the City Council declares that this 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 Ridge Code of haws 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. Severability. If any clause, sentence, paragraph, or part of this Ordinance ar 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 5. Inconsistent Or inances A11 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. TN'rRODIICfiD, READ, AND ADOP'I'1~ as an emergency ordinance by a vote of to on this day of 1996, ordered published in full in a newspaper of general circulation in the City of wheat Ridge. C~oo7 c:Dl5so:7U63390.I _ 6 _ MEMORANDUM of w"Eqr Po To: ~ P~~ing Commission From:~Meredith Reckert, Planner Re: ZOA-96-9/Group Homes °ocoRno° Date: September 13, 1996 Attached is an emergency ordinance approved by City Council on September 9, 1996. This emergency legislation did two things: 1. Eliminated the restriction of one group home of each type (developmentally disabled, mentally ill, elderly and children) in each Council District; and 2. Eliminated the posted neighborhood notice requirement when a group home is established. As these provisions were approved and adopted, no action by Planning Commission on these two provisions are required. Planning Commission still needs to take action on the other changes proposed which are: 1. Amend the definition "family" to include federally protected persons; 2. Amend the definition "residential group home" to exclude federally protected persons; and 3. Amend the provisions for Special Use Permit to be consistent with our normal SUP requirements set forth in Section 26-6 of the Zoning Code, The City Attorney will be present at the meeting to answer questions. MR:slw attachment 09/08/98 FRI 17:00 F:1% a00 298 0215 GORSUCH %IRGIS CITY 08 WHEAT RIDGE. COLORADO INTRODUCED $Y COUNCIL DEER Council Bill No, Ordinance No. ~~ Series of 1996 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS PERTAINING TO GROUP HOMES FOR HANDICAPPED, DEVELOPMENTALLY DIS- ABLED, ELDERLY PfiRSDNS, AND CHILDREN„AND DECLARING AN 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, and welfare of the City's residents. BE IT ORDAINED BY TFIE CITY COUNCIL OF THE CITY OF WHAT RIDGE, COLORADO, AS FOLLOWS: ,Section 1. Subsection (P)(1) of Section 26-30 of the Wheat Ridge Code of Laws is hereby amended to read: (P) Residential Group Homes: (1} Residential group homes for eight (8} or fewer developmentally disabled persons, mentally i11 persons ox for elderly persons. In accordance with C.R.S., 19?3, as amended, ~ 31-23-303, group homes for not more than eight (8) developmentally disabled, mentally ill persons and elderly persons are permitted. (a) Group Homes for the Developmentally Disabled: Thie is a residential Facility licensed by the state for the purpose of providing 24-hour staff care, shelter, supervision, training and/or rehabilitation to no more than eight (8) developmentally disabled persons and r~oa2 G8D153@711633941 09/08/98 FRI 17:01 FA% OOJ 298 0215 GORSliCH %IRGIS 1~j00S additional required staff. As defined means § 3i-23-303, "Developmentally disabled those persons having cerebral palsy, neuromuscular, mental retardation, autism and epilepsy. A grou developmentally disabled home for the architecturally designed so all not be inconsistent with the as to be surrounding neighborhood, Character of the for the developmentally disabled 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 (15pp) 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 elderly, ,group home for the {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 nat more than eight {g) persons sixty {6p) years of age or older who do not need skilled and intermediate care facilities, plus no more than two (2) live-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 far each bed contained within the home. No group home for elderly persons shall be located closer than, two thousand {Z, 000) feet from another group home for elderly persons. and no closer than seven hundred fifty (750) feet to a group home for the developmentally disabled aEOU3arnis~avo.i -2- 09/08/96 FRI 1':01 FdS 509 298 0215 GORSUCH XIRGIS (c} Group Homes for the Mentally ill: This is a residential facility for persons with mental illness, as that term is defined in C.12.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 (8) mentally iil persons and additional required staff. A group home for the mentally ill shall not be architecturally designed so as to be inconsistenC with the character of the surrounding neighborhood. Every group home for the mentally ill shall meet ail 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) square feet £or eacb 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 developmentally disabled-r „~--~~~~-twee-s#a~3--erA~e-t}t~ eee--(~} ~F3}1T ri ~ 2L ...-_ F~.....~ -.~_ _ __ 'meted-s~ithia eaeh eeanei} ~~ s'' - 3 -'c ~'- -1 c' s . (d) Certificate of Occupancy: Prior to occupancy of any group home for the mentally ill, the developmentally disabled or elderly persona, 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 fire codes prior to issuance of a certificate of occupancy. 3-s a~c~€efert the d~ertment---~€ eery a_-__~______. _._ -. _ Section ~,. Subsection {p}(3} of the Wheat Ridge Code oP Laws is amended to read: r~ao~ cmnuaaznimsso.i _ 3 _ 09/08/98 FRI 17:02 F.LY 500 298 0215 GORSGCH ~IRCIS (3} Residentia.Z group home for cl~ildx-en. This fs a residential facility, lawfully licensed ox certified by Jefferson County Social Services Department or the State of Colorado, and supervised by Jefferson County Social Services DePa=tment, which provides shelter, care and/or staff supervision, A residential group home for children shall maintain a minimum lot area of fifteen hundred (],500} square feet for each child residing at the home, shall be located no Closer than two thousand {2,OOOy feet from another group home of any Bind, 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. ~ T _ _ ~u vraer 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 in considering aPProval of a special use permit: (a} A site plea of the site indicating Property boundaries and area location and extent oP 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: ~• The fact that the agency gas licensed or is preparing to license the facility. 2• special needs of the residents, such as on-site schooling oz training; and anY facilities needed to meet such special needs. ~ 005 OEDl530ZR14i390.1 -~- 09/06/98 FRI 17:02 FA% 903 298 0215 GORSUCH %IRGIS C'~-D~"~'71I63390.1 3• The number of children for wham the license is being issued. 4• The aPProximate ayes 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. (c) Any special use permit granted pursuant to this section shall be limited to its effectiveness to the applicant therefor, and shall provide, by its terms, for terntination 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 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. 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. Trie 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 affect. (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 'S- 'v~' 003 09/06/98 PRI 17:03 FAS 303 298 0215 GORSUCH %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 ~Ct on "~. Effective I?ate• EmP Section 5.13 of the Charter, the City Coun D 1 dec arse t~t~this ordinance is necessary for the immediate resezvation of Property, health, peace, or safet p Public ordinance as an emer enc y and, to that end, adopts this bring the affected g y ordinance, in that it is necessary to portions of the Wheat Ridge Code of Laws into compliance with federal statute and applicable case Iaw 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. sec {on 4, Sevei rabz~tl, If any clause, sentence or part of this Ordinance or Application thereof to any personpnr 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 eircumstances_ Sect±on ~, Inconaisten Ordinanr s _ portions thereof inconsistent or conflietingzwith his ord~.nan~e or any portion hereof are hereby repealed to the extent of such inconsistency or conflict_ r1VTRODUCED, RgAD, Atv'D ADpp~ as an emergency ordinance by a vote of to' on this published in Pull in a newspaper oygeneral c`uiation99n~thedCity of Wheat Ridge. 0007 cEnvsmrn~67av0.1 -b- WHEAT RIDGE GROUP HOMES REGULATIONS RE: CITY OF EDMONDS V. OXFORD HOUSE SUPREME COURT DECISION • Det"mition of "FAMILY" ......................... Discriminatory because it excludes FHA protected persons! • Requirement for SPECIAL USE PERMIT .................. Conflicting with other Code requirements and Discriminatory! • Lot size standards of 1500 s.fJbed ..............................Conflicting and Discriminatory! • Posting of Sigu requirement ................................... Discriminatory! • Limit of only 1 per Council District .......................... Discriminatory! • Separation Requirement between Group Homes ............................. Conflicting and Discriminatory! ~~ r~^R~r .~ ~r n~~r TT T ~RTT..~--ri _ r.-rr~T'~~~ '~.~-.-~~~ ~-~_ _.~ ~ ~ ~ _ _- -~ -- _ -- --- --_-_ ---- ---- ---- -urge-~ a.~ -~- ~-e- S~~ _- - --- E _ ---- --____ _- __ - - -- - -- - - -~ ~--~ - __._.. r .~"e- /~ -~ - l~_ J -.- -- CAL .-. _ ___ ----_~I -- - ------- -~~ _~ ~'~' !f ,. -~- ~ ~ . ___ _- _ _ --- --- -- --- _~8- ~ ___ _ _ __ --~--- -- ~ ~ ~ _ ~ ~ v -- ~d --_---~~ --_ :. __ ---- - ----- ~.~~ Z ~ ~~N~ oot~~ -- ~ -: - -- -- - r- __ ~ Lf - q 6 -- ~ ( - -- _ ~_~ _ _--- -- ---- -= _ _---- --~- :, _ __ -- ~_.- - ,i ;~~ _ ___ _ -- ____ .,, __ _. ~ _. Continued to September 5, 1996 Continued to September 18, 1996 PUBLIC HEARING SPEAKERS' LIST CASE NO: ZOA-96-9 DATE: August 75, 1996 REQUEST: An amendment to the Wheat Ridge Code of Laws, Zoning Code, Section 26- 30(P) pertaining to Group Homes for Handicapped, Developmentally Disabled, Elderly Persons and Children. CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: ZOA-96-9 APPLICANT(S)-NAME LOCA'PION City of Wheat Ridge City-wide OWNER(S) NAME: Same. REQUEST: Amendment to Wheat Ridge Code of Laws, Zoning Code, Section 26-30(P), pertaining to Group Homes for Handicapped, Developmentally Disabled, Elderly Persons and Children APPROXIMATE AREA; Entire City WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioners JOHNSON and ECKHARDT, seconded by Commissioners CERVENY and THOMPSON, that Case No. ZOA-96-9, an amendment to the Wheat Ridge Code of Laws, Zoning Code., Section 26- 30(P), pertaining to Group Homes for Handicapped, Developmentally Disabled, Elderly Persons and Children be forwarded to City Council with a recommendation for approval with the following changes: 1. Any mention of a 2,000 feet separation between group homes should be changed to 750 feet; 2. Group homes be required to register with the City Planning and Development Department; and 3. References made requiring 1500 square feet per bed be deleted. VOTE: YES: Eckhardt, Williams, Griffith, Rasplicka, Cerveny, Langdon, Thompson and Johnson NO: None. I, Sandra Wiggins, Secretary to the City of wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 8 - 0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 18th day of September,_ 1996. George J. Langdon, Chairperson Sandra Wiggins, Secretary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANNING COMMISSION b:\zoa969.res f CITY. COUNCIL MINUTES: October 14, 1996 Page -4- Item 3. Council Bill 45 - An Ordinance amending Chapter 26 of the Code of Laws pertaining to group homes for handicapped, developmentally disabled, elderly persons, and children. Council Bil! 45 was introduced on second reading by Mrs. Dalbec; title read by the Clerk; Ordinance No. 1048 assigned. Mr. Dahl gave background on the creation of this ordinance. The following speakers were sworn in by the Mayor and spoke in favor of passage of this Ordinance: Maribeth Lewis, 10900 West 39th Place; Hazel Bond, 7105 West 30th Avenue; Linda Lytie, works for Jefferson Center for Mental Health; Susan Hartley, 4015 Eaton Street; Nancy Snow, 11155 West 40th Avenue. Motion by Mrs. Dalbec for the approval of Council Bill 45 (Ordinance 1048); seconded by Mr. Eafanti. Motion to amend by Mr. DiTullio to add the 750 foot spacing requirement; seconded by Mrs. Fields; failed 2-6 with Mrs. Fields and Mr. DiTullio voting yes. Motion to amend by Mr. DiTullio to add the staff and safety restrictions; seconded by Mrs. Fields; failed 2-6 with Mrs. Fields and Mr. DiTuilio voting yes. Motion to amend by Mr. DiTullio to add the special use permit for large homes (15 people including staff); seconded by Mrs. Fields; tied 4-4 with Councilmembers DiTullio, Fields, Siler, Solano voting yes. Mayor Wilde broke the tie by voting no. Motion failed 5-4. Mr. Dahl recommended the following changes to the Ordinance: The typo on page 2 and 3 be changed to "24-34-301, C.R.S."; page 3, change for to "of"; page 3, change Title VIII to "Title III". Mr. Eafanti moved to make all of these changes part of the motion; motion-maker agreed. Mr. Solano asked for a friendly amendment that on page 8, the sentence "In no instance shall more than one (1) such group home be permitted per each council district" be eliminated. And also the 2000 feet spacing requirement be eliminated. This was accepted by motion-maker and second. a,. J CITY COUNCIL MINUTES: October 14, 1996 Page -5- Motion by Mrs. Shaver to suspend the Fiules and have Mrs. Snow clarify her suggestions for amendments; seconded by Mrs. Worth; tied 4-4 with Councilmembers Eafanti, Dalbec, Worth, and Shaver voting yes. Mayor Wilde broke the tie by voting no. Motion failed 5-4. Original Motion as amended carried 7-1 with Mrs. Fields voting no. Motion by Mr. Solano to reconsider Council Bill 45 for the sole purpose of clarifying the number of children in group homes for children; seconded by Mrs. Dalbec; carried 7-1 with Mrs. Fields voting no. Motion by Mr. Solano for the adoption of Council Bill 45 (Ordinance 1048) as previously passed with the clarification with respect to the definition of group homes for children that we insert the words "for five or more children"; seconded by Mrs. Worth; carried 7-1 with Mrs. Fields voting no. As directed by City Council, City Attorney, Gerald Dahl, drafted an emergency ordinance regarding a moratorium on telecommunication towers during the break, Clerk assigned Ordinance No. 1049 and Mr. Dahl read the drafted ordinance in its entirety. Ordinance 1049 - adopting a temporary moratorium on the acceptance, processing and issuance of building permits for the construction of telecommunications facilities within the City, and declaring an emergency. Motion by Mrs. Dalbec to adopt Ordinance 1049; seconded by Mr. Solano; carried 8-0. Item 4. Councii__ Bill 41 - An Ordinance amending the Code of Laws. to define and classify potbellied pigs as exotic animals and to impose requirements on the granting of exceptions by the Animal Control Commission. Council Bill 42 - An Ordinance amending Chapter 26 of the Code of Laws pertaining to the keeping of potbellied pigs in the A-2 Zone District. Council Bills 41 and 42 were introduced on second reading by Mr. Solano; titles read by the Clerk; Ordinance Numbers 1050 and 1051 assigned. The following speakers were sworn in by the Mayor: Dr. Meredith Campbell, spoke in favor of the Ordinances, but suggested that the spaying age would be four months rather than three; and the weight be changed to 150 pounds. CITY O? Flc?$A^ :~IDGB, COL02~~0- - _ INT30DUCED BY COUNCIL MM3B D3LBaC _ Ordinance No. 10?8 _ _- Series of 1940' TITLE: P~ ORDIN~NCS a.~L~'DING C _1PTER 25 OF __ E CODE 0? ?,.?;•iS PERT~INIVG TO GROu? OL?ES FOR ~t~DSCP?2ED, DEVELOPMENTALLY DISA3LED, ^cLDaRLY -PERSONS, ?~J. CHILDREN. wEREAS, the City o wheat Ridge desires to more =ally co;:ply W1th dDDllCable ldlJS OL t!te Std.te_9i COlOradO aRd t}"!e U.^.1 t.~. Cl $-a=~S _ Dertdi niRg t0 residential grOUp hOUS1ng O~pOrCUn1t 1e5 iOr =._... -, -_- i'.dP.d'_CaDDed, d°VelODmentallV disabled, mentaliV ill ~ _..~ alder ~_~j persOrs; dnd - °A~:=RG~S, in accordance eeith SCatC and iedel"al l3'.d5, Ci'.e C_='v OL wneaC Ridge GeSll-2J t0 D'_'OVide L'eSi Ll~nti gl g_OUD RO'131i?.^,.- OD~OrttilRlC?-e5 LOr Certain inCi VldUalS Wi Ch1R reS'_-deRC idl C`.Jeiling ili11 t5 D'_'OV1Ced tRat grOUD ROmeS meet all aODIiCaDle r2 :. L'r°,^,?_'CS _, CenerallV dDDl1e0 t0 .Ocher reSiCenCial.SCrUCt"reS dnC USeS t0=. -.._ ZOn1P.C C15C ri Ct '_R 'dhlCll C..^.e grOllp home '_S lOCated; aRd ~ - _ - ~iHEREaJ, Sl1Ch residential grOUp -..^.OmeS ShOllld De CO.^..~at1~~ O- i..^. 512e, OUIk, a°_SC.^.e L1CS, and '_.^.=°_C:S1CV OL USe d5 Otfl°__ _°51 G3:;i'_d? - - -._ US3S ior_~he ZOn'.^.~ d15Cr_Ct _R :OC?iC^ Cf`.° LLS° :5 lOC3t3 :: a^ ._ __ ~i--R=AJ, U.niess 111111 teC O. D.°'•i°^_°d b'i.Jta:°_ O_ t:?e -Ci~'i 0= .inea~ ?~d.gH C°_51=°_5 O L"°OLL~3L°_, ~°V 12°'i, -eSC°_nt lal CrOUO ^OmeS CO eR5'_'re COII:Oa t'_O'_l'_tV Oe Clve~ a.^.C 0:•:15C 1C?;- reS_C_nCS- aRC e:ilst l^ ~ a^.C L'se5 d.^.C health, Sai3i'•f, anC SJeliare 0= Che ~iCV'S re51d°RtS. 3E kT ORD_aIN~D 3Y T"r.E CITY COL?iCIL OF Tn~ C"tiY OF C0~0~?D0, ~a FOLLO~+S ~...... c.O -~.~_ ,r0" ....u :2S S2Ct 10;1 1 The dei iRi tiOn Oi "Fami lV" CO_ _^.Ccl'_P.ed 1R_ $~CC:OR 20'--$ O the °;iheat 3idge Code o' LaWs~is-hereby amended as ~o11a'=a:. Fami?y. ORe (~) or mor=_ persons related b•_r blood,. marriag=_ ~-adoption, or leaa_ c'.atodv plus domest_c servants emoloved zor service on the pr=raises, or a group of no_ more than three (37 Dersons Who need not be so-- _ relaCed living together 3S a. .S1Rgle .. _ h0~15e?ieepiRg Un1t. Fl Ve (S) D20Ole Over Cf:_ - _ - - age o~ s_:cty (60) sharing one (3) housekeeoirc unit Shall also be deemed to be a _~ami lei . _ S°ctioR 2. Su~secCioR_(a)_o' the de=iRition o~ "3e5id= -;~~-- Group ~OmBS" CO.^.Cd1Rd~'1 1:"1 $°CC1p:! .2o-S -O C:12 ri~ddt _R1C~° COdd. OI LBWS *rlhiCh C8'ine5 "GrOLLD ::^Ome .0. ~'lildr8~'" 1S a.(Ilc"'Rded_.O r8ad 3S _01101JS_ _ - - .. (=') CrOUO ^Om8 O.r CnildreR; 1^i5 i5 ~ - ..a .._n,.ial -?~ci _CV .Or 'i V8 Or' ^Or . Ch_1dr8R :v,^,i C?t _S 71C°_:^.52d ~V_ Cf'.° J8-=8_'50•`! ~0::.^.C~i SOC1a1 S'°:'~7'CCS-D l'v 1S'_OR. .Or C.^.8 Oi:=OCJS° 0= D'_'OViu1.^.7 L•D CO CRi lArB^~ OIaCeC __. a R0m8 l;RdBr Ch8 ^a ~.~ OE eig^C°eR (ls) 0liC .uh0 _ei lain-in-C%,~ 80618 aiC°~ r83Cni rig Cne age OL eig^%een (i3) S:;a11 be coasider~d a caild under C:'.iS de~lni C'_OR URC i 1 rBaC.^.'_ny^ C.^.° dy^° 0= t`.a°;:Cy-orl=_ (21.) . Grouprlomes for children do noC include ~acilitie5 -or. C:^.° D1aC°m°1C O~ G'111QreE1 DV Cil° ~'O[1C^ ServlCeS D1vi Sion OL Che $8Da'_'CmBRC OC IRSCi CLLCiORS,- Che tlenCdl ve31Ch DL V1S10.^. Oi CRe ~eOarCmeRC Oi Ii1SC1CUC'O:?S, Or~Che !alCOh01 dad Druc ?..0L58 [)i ViJ'iOR O. Ch8 DBDarCmenC O. FealCh, eVeR ii 1iCen5ed oV ~' J8i.8rSOP. CouRCV D°partmenC O SOCi ai --- Servic~s. J°CC 10n ~. J'U~S8CCi0^_. (~D) OE Ch_ .~=i-n~CO`1`O_ °7~S _O_^_..-i d__ _.. vrOU'•J r:Om2S" COACdinBC v-n-SeCCi OR 20-~ Oi Ch8 :'iheaC R'_d^y°_ Coc O` LacaS :•::?1Ch C8C1R8S °Cir06:0 c{O~T~S .Or Ch°_ $8 V810o.-:°RCail" t7_Sa O,:°[:"- i5 hereby r=pealed. - - - -- --- --_ --- Sect = _ ''-0-' „J'.u,.CSeCt_O_- :C) J_ - i° C8' -~ CrOI:_J -i-~--~ _-__._ _ .. Ld'v1j iJn:Cn C°=1_^:~s. --C~"O _~ ~ - _~ ___ -_ - O_ _ _ _ er .., _ ._ :~.__._C aS -S LJS eC~lO_- lJ~ c_._, am= - - -. - (D) C_Oil~--YOPe _O_ ~1G22'_1V ?~=SJI!a: - :nig _ ~ - _ - 5 a _e3lden__31 _3,.,17-, w - i3taJ11sneC a3 _ eft °_ an Oianer-OCCUpled Or .nOnDrO_i- - ~.. group ho-e Eo: the e:<cltisive use o aersons sir-v (00) v=ars o age or older who do not __e~d stilled aid in~e-mediate Care ~dCliltieS, Dlus n0 ~i.0re than ts0 _. - (Z) 11V2-'_=t Std'_ OersOI1S B:~iDi OV~d in 'n= _ - - ~.._ care and suoe--ision o` such elderly Dew, S2Ct1'On b. _ ~_ neli - 3L'03-eCtlOn ~C) - - _. - t0 t:^.2 Ce__C_~1C::. .O °~_.o_d _ t ' ' - .. ~i_ _...1 v ?iCJo _ C - _ - . _OL p r..0mes: n=~ _ ....0^`_____~~ _._ Sect lOn ?j-5 C= t-^d ma . oJe Jt ..~ t uaiu J' 1J ner°JV aJ~°C Liz ~ -C a^' - j ~ ~- ___ _ _._ _Vi Sect 10.^. a_ ._. J'uDS@CC10^ (CJ _Oi the d°_lnltl0n OC "~~"i .o -~_:al group homes" contained iR Sect-; - ~-d_:.=__-- on 20-5 o_-the iheat Ridce Code o Laws which decines "Group -ome or ~?entails ill Persons" is hereby r=pealed. _ _ Sect 10.^.- %.- .iRe CO.I IO:d ^,._"7 d2:1.^.i t:0^ OE "~lOn--O_^.:-_t C_ - _ -. ~~ u• _ hORie" .ls Rereoy added CO $eCtl~,n o-7 OC tI";e i,^,..at 3! ,= COG200~- ._ La:•a to mead as Eolloiasc Von-p:ofic grog no,,~e. ~ gcouo ho--e . wi'1Ch 15 OidRed d..^.d Ode ra ted by a ~°_'SO:1_-Or - - organization which is e:cempt '_ro:~ ir.coa:e taxes pursuant to section ;9-22-112 C. ;_S. Sect 10R 3. -The tol lOwi Rg d_'1..^.it10n Or "Q:•:.^.er-OCCL'Oied OrJL'O home" is hereby added to Section 25-5 oE'the :;heat Ridgy Code-oE Laios ~o read as Follows: ....^:1:.._ 13 OPined.~__~._O7e_3~...... C?i -._ _._... _'. ~...._a_ Or lnO_~i_CL'alS .. .. __.. __-..:3 ~^ _es_~e d. ^a'_ Pdintdi" Le1r D=ra.'2a a-O lO°1ncr~i .^.=~dC°_ .._ _Oi1d8i?C0 .151 t^? ~rOilO :'O~%e. -. _ _ Section 9. SuJS~Ctio_^_ (3) (3) o Section 2'-_~ o_ t^' :;'ed~ _ hilOg9 COde OL Ld'ws,. e.'ltlt~eQ "~es'_Slent _~_-vnd 1-1. to __1CC-. (~r.) 1j-- _ _ heresy dnd5lded to read as -o1io:•IS • - (3) Residential croup hones or six to ~ig^_ ar ~c»cr . __ .~._---- ~ __s ~--- ___ ___ r..___.., __ _ n~rsons. (Sed section 20-30(2) and- -_ section 25-5 Deititioas.) SectlOn lO. $11DSdCClO:1 (B) (~) O. SeCC1O:: ?~-L~ O__:n _.~::_?_~ __ , i dge Code o= Ldeas, eP.t1t~ eC "~gr1Ci:_U1 rdl -T_'d0 Zo-e-- ~_' S__ _..._ _._ _ Rdgu1dC1Ons" 2S Pereby find:^ded CO rddd d5 iOi1O°.vs: (6) Residential ,rout pones or sit to sight persons: (See sectior. 2~--30(9) d-d section 2~-5 Deiaitior.s.) _ _ . . JeCt'_On 11 $LOSeCt'_O=? (3)(13) Oi J°CC 1Jn ?~-2O O_ .__ ..__a_..- -_ ~iCgd COOd .OL -LdCds, dntzt_eO ~~~, °_S'r1C'.dC COn^S__C1.,.1 C'°_ ~ ~__.___. .. ., ___.~. (~•~_') ~S .^.d''e 0'v dC~nCeC CO __..... dS LO-:Oia: .. - __- _ - _ _ (i3) 3esice-~tia_ _ouo ::onds .'_.,_ s' ~o e' _ - - - persons ..-(See sectio^y-2'-30(2) Y`dad _ __ . section 26-5 De.zn_tions.l Jdct?On 12. J'll:J$eCt'O.^. (~) Oi SeCClOn ~~'3O 0= i^d ri?:. ?idge COde OL '~a:•is, entities "_?ds~dentidl grOUp hOiT°s° i_S ('.d=eO~i _ d~enoed tO read 1:^, itS enC i reCV d5 LO> > O'.d5: (9) R2S1Cen tld? GOLD IdOmeS: (1) Residential- arou~ domes =or si:c f5) to - -- -_".- eldzrl•/ oersa-ls. In dccorddnce o-;ith C.R.S., 193, as amended, ~ 31-23-303, group homes nor y~»a si.x (ol.to a_...,, _, ,. _ c,, ar=_ oercnitC~d o_ovided that such -arouo ~)TOme me?tS dpi re0UlrementS O t.h°_ ZO^= d? strlCt 1.^. cln1C^ CC!2 C'_OUO [lO~T.°_ 15 HOC-.°Q. ~i0 9CC'i i __. _ _ .. _- - .... - =0i-~ _ -0_ ~_i4?__ - - - - S...L._.•. nLad~'-c ~-,c - -LV--7501 = _ ~ - a:?o~,~,- ,- - - _~ - - ,_, „ _~,_~ - _ z~ - _ - - .. - . „- . -~--- - ... .... ~- 'r3 t' ~' ..__.... ~ -0-01 r _T _ . . ..O ~. _.~ - __ /.' 1 [+ ~ 3 z--?' _ - ------ --- _s--_.. ~ ~ . ... . ---~a~- _ - _ -_ - ,~ ,, ' 3 _ _ _ -__._ ___3 ' -- __ - ._ - .. -u,_ - _ _. _ - -s _ ~ ~ _.___ _.-_ - -~-~ ~~~~_..,~ ~ it ....._... .. -.._._ ~ - - _ - _ d-..._i_ _i~. __ _- _ -_-. 0 8 3 _ - ~ _- .-. . ~ J - - t a -- -_o...__..._. _ - - .__ r ~ __ Y... _ .. `.- -~ ~ .._ - _ ~ _~~. ~ -~._5 .__ 3^ _ __ _ _____ _ _ _ `~~~-~ 9A o ~ ~ _....0 _9 __.._ .-___. .. - ,.i a.. _i. _"_ "a ~ ___ _.__ -. - . ._ 7 ~--- -~------- - -.,_ - _,. ------; ----- ~ - ------ ...__-=,_ ---- ------___-._ - - -~--- -, ~ - _.___ _.__ ___ __~_ .,..___ __ _ ...----.--... .._ - _ _Y . _ ,., _ - -_ ~__.. ___ __-__,_--.-- :___.__._ _.._.._~...._, _._ _"=_ _ --_-_- _-- _-="-' _ -__~~_ c ~ :_-- __ ~ --~-- -' --- - ---- ~--- -=------~ ,-, ~.,,., _ ___- ___- ---=r ,_-_ ~ :_-~ `~_ _-__ 1JJ :J. ~: G :.l C_.7JG~ 3 ~.:_ ..L.~ ~ ..~ ~,- -~ J~f~n\ ~. ~ ~ i ~ ... ~. ~_~.~... ~...._..~~ _~~ ...._ ... .;= _1 ~ ~1 ....~...~ .._...~.~. ; ;: . ._._~...~~.~... r .~~~ I ~ \ .. .~... .. ~... . ~ .. ~ ~. _.~ t ~ ~ _ _ .. ' /n\ - ~ d~.~t :~. ... ~ ~ •.. J ~. _ . .r .~.. ~...... Y' ~ / \ T t. _ l t r+ ~ ~. .~... ~. ... , _ _ ..... _ ~.....~ ... . . .. - .. .. .- _l lt ~~ . . ... ~~~~ ~ ~~ __v4~~~. ` _ ~.. ,~ ~ li~..~.~~ .. ... .~ .~ Y ..i... v~ -.i ~..~~ ~ _ ~~ . Y~~~v ~ - ~n :_... r ._ _l~_.~ _..~....~_.:..:~_ ' _ .. .. ~. _ / ` _ ~ _ ~ . - ~ = t _ . • - _ .~ _' :~ ~~. ~. ~. ..... '~~ .. _ ~ , . _.. _ ~'f~1 ~lT. Ill _~_..~P Z ~ .~... _~. _ ~ _i ... ._..._ ....._ ..._... . _.. .. . . . . , • y \ ~. .._ L . l . . ~ ' .~~..~..~.~~v. ..~ _ ...~ ... r .~ .~ ~ ~. ~ ...~ , - _11. :1.1 ~ll v ~ ...... . ... . ... .~ ~. . _ .. ~ . r.. 1 l,. . ' ~ ..r .._ .~ _ i .......r~...JV.... - ~l'...~ i ' ' ~ _ ..~..... ~...~ ~..~ ... . ~. `. ... '~..~~. ._ ~. _ . __ .~~_...'..~~~ ~._ t_ _ l. ~ ....: . _ ' ........~.J .. ..~ ... ...... . .i... .~ ...~ _ _ _ ~. . ~ .S _ _ ~ . . . 1 ` . ~ . . ...~..~ .J ... ; = ...~.~_~ ..~ 1 l .~.._~ _ " = .~, _. = . = .. . _ .J ~. ~. ~~.^; `. ..~ ~...~ ~~ ~.~... _ ~ .. ...~. .~.~ ~ .~...:..~• ...v.. .~ .r_ Y . ` ~'~5..` _ ~.~. ~ . ' .. 1 ` ~ ] 1 ~ 1 l ~ . ._ __ ___ _ __ ~ ~~...~`. .......`. ~.~~ ~.... ...~~.~~.~.~~_ ' ~~-.n~~ ~...~ z ... l_ _l_ _J ~ ._. ~. ~. ~..~.~ ..~_ ~~....._ . ~. ... . _'11. :11 _1_ . ... .~ _~ /^r ~y ~. v .~ ~. ~Y ~ ~~` ' ~F,. ~t. .y.y_ _l 1 l. ..i~.~;.~ ... .~' . • ~.. ~.~ ._.~~. ~..~~~ -_ _~.z~- _ _ __ ~ /.1 -L~ /n1 _ ~"..~.. e..~_.~J '_~ - ~... ~ _.~~ __~.._ ~~ ~ ' tll. ~._..~~~ .............~~_ ~; ~, _.~....r ' .. . ' . ' ..v..~ .. .. . `. ~ __- . a .. w _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ . `` ~ ... J'~:1:.~ T :J ~ ~:. i ta L :.i'4'L ~ 1...... .~ .. . _. _ _ _ . , .' . . ~ ~ l 1 ~ ... ... ~ _I ' _ . 1 . ~ . ~ . ~. . . ..~ ~ .. ...~. ~_.__] _ ~ .~ -...-;.-~ .._ : ._ . _. 6 - ... ,v._ ..:>:: . ~ ~~.j - -.1~.' ... .~_ ~..-..._..___ ...... ..... .._ _ .. ~ .~... T.•- _ t y~'~ c .- _ .v v_...~ v ./ V T-~3 ...~~.-..-c ___v_. ~) R°S10'2.^ 0131 CJ~OC~ a°!Ot;2°S LOi B? ^2 - (9 f O. _ - _ _. ~._..... -~......0 .._ _ z7~2r1Y D3=SOWS. JL`CnTCJ.=OL_O y:^.0'125, 2S d2=in2d in section 2'-5 aid d2sc_ib2d a~~ _ COnd1C10t?2Q. L'nd°= SllbS°CC'O.^. (~).(1)~=0= - Ci11S S2CC101, bL'C i; is°_2 nine ,(9) Oi ~;:0 _'? ~ ~ i.. -T-~e 0 - _~ __o_:._~~ ~- - a1d2r_ .. - _- - J9_SOnS d-'_'2.t0 OCC~OY' d Cj_OL'O fi0u^P, S..^.dl~ ._ -. -. _ be g2~mic~~d on'': upon 3gp~o:'zl oc SD2C'_dl LLS°-D?~'C.1 _. di C2. D11b11C ;12d~'^~ - ,-- by t^=_ plann_a, co-c.ission a-:a ci' cocncil_ i.^_..acco_~„c~ -; ,5~--r;o-, ~~,_ 0'(31 -- _ - - ° _~~ - S 9 ~ .. , _-3 . _ __ . _ SB: _- ~_..._ _...9.....-. - - .-.. 2~3.-0 _~ __..s _, ~ _ __ - ,_, _' ,: ~ .,: _.___ _ l T:.` _ _ _ __ . .J .+ '. .. ~• ~~ vim. ~ _ ~ _ .._ ........ r........ _ ~ '~ • J `. ...... ...~ .. .a - _ _ (3) 3esident*"a1 grow <:o:~e ~o: c~ildre::. Tom: _ __,s -- -- s y ____ _a_.._. S~-<_, - .. ~ _, Ste .. _.__...___ „_. _ _.. > >-^ - -a -e-, - - e'~•'~"--Te° s, resident_a1 group ho~,.e or children. as de__ned by s~ct~on ~0-5 shall. maintain ~ m_nimum lot area o ci.t=_en hundred (1500) square =eet [or each child residing at the home, =:.a__ .._ _ __..._ -tee _..a_o_.._~ -- ':'_nd, and sha11_ orovid=_ vie::- _ obscuring screening of an•/ additions: v_ structure, such as a trash du-aster _ pia;iground eauia^ent assocat=_d ..__~ t.._ group home, 4:hiC~ iy- inCO.^.S15C=^t- .._~_.-__ ___ ii ._',... i.. j r..~ _ oe_~~-ced only as saec~al use aoo_o~•e~ ,~ -accora=~ca cait~ se.:~ion ~-,="(37 =. _, _ _ ~_~ - ~'- ___~--y-- ~__ .._____-V - ---_ __ - ~-_ - __ _ __. __ _ .. .~ ._. .~~_......7-i .....__0-~- _..~ - .i ~ ..,. ...C ~ ... ... w._. ..._ ...._u .` .- _ .. _. _. .._ 1. t.l.t _ 1 _ ~ ~_) .. ~. ..~ a ~.. ~. .. ~ ~_ _..~~_`.J~~..1 ~. ~_w.____ ... ~ _ - i ~ _ _ ... - 1 -=^~: _ ~.....~=~= Y ~ .. ...r ~.. ~_~. ~_ ... om. ... ~~~__~.~ '3 __-. ..~, is .n ter. 9`._~.. ..~ C p_ .J .. ~..~a ~.. ... _.n ... .~. r z_:-y spec___ tse ~-=-~_ =~ -- - -_::t~_ pursuant to sect~o-~~ ~;-, ~o- - - ~p ho:.. ~ _.___ ,....`.__.___ Snag 1 De I2mi ted CO~- _.3 e==ecticeRess to `he a ~_ pp__C3'_. Chere=0r, ana Shall DrpffiCle, pV _tS CermS, i0_' termil!at10^. 1:00^ CdSSdt'_OFl OC O:vneYShip, management or use -o said applicant. Tie limitation speci~ied in this SL'DSBCCi On (D~ r) r~~ r_~ L~rr,-- is deame~ P.eCeSSarV DV t(le C1Cy COURC1l 1^ Order CO malntalR the ma7ClmUm Iaw_ul authority over. t:~e use and user apprO~ied CV ~nV SuC'? 15SUed SOeC1a_ tlSe pe rmiC, aRd iS deep^,:Od II2CeSSar°: to protect- the integrity a-- C P.a=aCte_" O_- Su="OU~d' ^g 0"00°j-t i~3 and ne lghfJO-r hOOQS. _._ ,.____ _.. ^J r __.... ..._ ;___..~_..._ .... _..3.V _.~.. _. ~ V._ -.~~_.. ~~ ..-_ o..._~ ~._ _.._ ...... _ _ - .. ~._ _..~_... _._....__i... _.V~.. .~ ...n _. _....- __~._...._. (~}~'- The special use permit for a~ reSldent idl CrOllp home shall he LC_ a term o oRe (1? year, and shall be automatically rene:.~ab1e by t;;^.e director o_ th=_ department o community d=_yelooment upon receipt o~ any application for reneo-ral i, ~011o:•;;ng re:;ie~:/ oi- the ~-files o~ all city departrients and those o~ t:.=_ county department o~ soci_=.? services, it is determined by the d1 reCCOr Chdt RO ~./r1tCeR Ve?'i i1d~0'le _ CO[itDldlnt5 CORCe rR1nC tLl° Ope rd ClOn -.. of the group home curing the term o'_ the special use p=-m_t na,:= bee- _eceived- £ one or more _.-",- s~== 4ir3t teR ver; =;aht~ coc,o?ai nCS LLa':°_ a5 .Or a^.°:i SO°C1di u5e`^'°=~~C. _ SeCt10n 13. ~dL°tb" C1cinS°. ^° C1 :% ~" -n°`° ___ _ _ - __ _._ _ .OOU__.._.._. _._O: __...._.n-~ _ deteriilLeS, »__.~ _deC_»~._>S "t!!dL _'.5 `~?_.____'__ _ _0 0`"Onq~ -te0 _'_c_ the gen=_r_~ 00~ 1C°_ OOiv e>`_ O .-07_e C. C_i C~ ii ^:ed~ ~Qu C_ 3.. __ _5 promulgated or th_ t:_, s____ d :•:__-~-- of t:._ ~ ~L'_ _i:d t Cldt Cf11S Ordinance-1S ReCe55arV 'Or t.^.~ _Or2>°_OdC lp:! 0= ^2a1C~ »_... SdLet}r and LOr .CI'!e O?'O tepl i_On O. BUD! 1C CLL..^.Ve!a eRCe 8`:.^.~.- t4e~ _»_°_. Tfle C-1tV-. COll_?C11 ="f Ch2_. Odt?"-'i`~e3 that t.^.e Or0':1a^Cd -Dea_S'» _ rdtlORal relation tD._the_ 7r07er leyiSldtlve OJ]eCt SOL'^yht t... ~e attained. _ $eCt 10R ? ._ SeVerdJl ~_'-_tV _.... - 1: ail~i C~3US~~.. S2'~t°";. °_'~.. _. oaragrdDR, Or Ddrt OE tr11S OrC`_naRCe O_" .''-.0011CaC10P tnereOC C0 d:::i DerSOR Or C1_"CUiSISCd:?C?S shall °_C. d.^.V r°_d50:'. .^_~ ]L'~yeC _' a C.^~'__~-_ Oi COTRUet2n t- ]U?"1Sd1CL10R 1.^.V3~1C, SllC°.? -l is y^T.:2Tl: o.^.ai~ ':O ~_ d: _c__, 1mDdir Or inVallddCe Che re lalnd°r O=. t':^. i_S_ O_C_:13.^.,.8 O_ __o dDDllCatiOR CO OCIPer Oer50nS. O. .._rOL':IISC3~CeS. - - _-- _ SaC~i On 15, T...-ORS 1$'_snt 0`.`'. i-naR"05.. ~ ~ OC!.~,- Or^`ndnC° Or ~_ OOrt 10nS `t?1Ore0. -1nCORS1S te.^.C O'_' COn=I1Ct'_:1^ id L1 L'1?=~S 0=.'.i~a~'C°_ 0~... anV DOrC iOR hereOC dre he re ~~i re0eaj ed CO t^°_ d:::. D::^.t OC SLC:? inconsistency or co::_lict. . Sect L4.^. 1~. °Ct Oi .`~•~D~gl 0= l'IOC: _!:._°C'OR -_ _ =2O?3' .. _-__ mOd1C1Cat10:!.OC d.^-.': D~OV1S:0.^. OC t-<'°_ 1.-Od2 0=--_'".:5 0= C~?_~?.C.: _-_2~__.__ :+C?e3C ~iage 0~i Cn1S ..=01Rd.^.C_ S.`:3__ ::0 _°_i.~?`n°_. ?.•____ -:5"_~ a____. _ m00?C'~1..-OC C::3 n7e _.. '..'n012 O_ ._.. ~'_.. a"' ^°::d__ _J_____w__. ..__ 1 ia.D1 L`C`. eiCner C_Ji 1_Or C=_..._-a~ ..._1C^ 5^w~-^`3l ___.,._ __.^.~.____,_. Und_: SUC[1 O_`OV 1510::. <d-RC 2dC.^. O`_"J `.':51.0.^. SJ2.11 _,_ C~°a==C a.... ..__,.. aS S_C111 remdl RlP.g in CO'_"CS CO. ....e ~U: SOS°_S-OC S"Std Sn.C_ a^:' _-._~ all proaer-actions, SU1GS. _'J _OCe°i,..^..^J. S, aiiC~. ~_OS~Cia 1005 CO~ _.^.~ en-O=C2meRC Oi_Che O°IIdltV, O:Cei_tL`"O Or 1'3~i1i?i, dS ..___ dS COr Che DU rDOSfl OC SUS td1R1Rg anV j;:dgmeRC, ~d°C Cee7 O. O..^.,__ .,.._CC1=' - Cd.^. 0= [RdV De re RC°_°d-, ERCE~°~ 0= [itdd° 1^. SL'CC! aCt 10CS. 5~==5; Droce~aings; or pros=_cutlons Sect_o~. 17. _Ris O_dinan..= s: a_1 ~d:_ ~___ct ___..~_..,_ ;_~)--- _ - - - - aavs_aCter L1na1 DublicatioR. ?NTRODUCED ~=~D, "piVD t,DOo°`7 0 -; ~'- _eadi^c av _>_;qt=_ 7 _ .. _.. _.c n ~__ t0 ~ O.^. th1S 23rd Q3': OC S°O Cet :J2=, _'~9~. 0=~1°_r2C ~li~~15'_C '_R. =_'_1_ 1R a. Re4.SDa Der .OC ~Ce Re ral C'_rCA-13tiOR i :.^.e _i OC .. _...t ~_'' Ci ._ aRd ?U~11C ~tearl.^,y^ aRd COilS 1C5:'aCiO- On ^in>1 ~aSSaC? 5°_t_ .=0r OCtOiJ°r _ 1990, at ?1Q~ O.=.C`1DC~-: D.[il. .^. Cn°_ COll i?Ci? CnafP.::e_"3. 7500 'rlesty-29th Avg:^.c°, irtneat .'.idg=, Colorado. aEAD, ADO?TED ?.ivD, ORDE?_D ?ii3i~L5 ED on second e.aa --..- _ reaCing DV d VOt° OC 7 CO L C[?_S ~ =' Od'.! OC ~CtO :°- 1 i- _ _ _ _ S!G~:~D '.1'i L' 3'v O= C:: _j iJCn C~'v" Ot oCCO~i]2_ _ •.,. ATTEST: .i i / ~~ /ltiGGs~ ~'/Y _ WA~VD3 S?VG CTT'v C~~=~~ 71V I~~~~J ~ ~~~t~~7 A??30V3~ -.S ?o c03~. S~ ..~__ ,~~„ =,. /''~/~/~~// _- - - -- G°z.-LLD c. Da3=, -C ~ T`? - _Y03~:E 1st ?ubTicat_on: Ccco~a_ =, 1?95 _ 2nd PL'DL1Cat10R: 0.^[obzr 25, I99o '%1;!°at Ridg° Transcri~c _ S=iZCt'_V° ^at°: \J42RID2; 9, I99o § 26-8 WHEAT RIDGE CITY CODE Restricted Commercial (R-C) Commercial-One District (Gl) Commercial-Two District (C-2) Planned Development (PCD) (PRD, PCD, PID, PHD, PRVP, PMHP) Light Industrial (I) (Ord. Nc. 1990-822, § 1, 2-26-90; Ord. No. 1990- 827, § 1, 4-9-90) Sec. 26.9. Reserved. Sec. 26.10. Residential-One District (R•1). (A) Intent ¢nd Purpose: This district is estab- lished to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which aze in- compatiblewith low-density residential character. (B) Permitted Princip¢l Uses: No building or land shall be used and no building shall be here- aftererected, converted or structurally altered un- less otherwise provided herein except for one (1) or more of the following uses: (1) One-family dwelling, (2) Parks, noncommercial playgrounds or other public recreation use. r- ~ (3) Residential group homes for eight (8) or ~% 1' fewer developmentally disabled persons, ~~ . }' ~ mentally ill persons or for elderly persons. ~ 1^, u ~ (See section 26-30(P) and section 26-5 Deft- ,:" ~ ~~ nitionsJ ~ \4 t' ~ , ~~ (4) Other similar uses or structures as approved ~, ; oP by the zoning administrator or board of ad- justment and when in conformance with standards and requirements set forth herein for similar uses. (C) Permitted Accessory Uses and Accessory Buildings: (1) Detached private garage or carport. (2) Private storage sheds. (3) Private swimming pools, tennis courts. (See section 26-30(I) far related requirements.) (4), Household pets, limited to no more than three (3) dogs and/or four (4) cats, plus their unweaned offspring. ~- (5) Private stables for the keeping of horses, .cows, llamas, sheep or goats and similar animals; however, excluding the keeping of swine, subject to the requirements set forth in section 26-30(L). (6) Private poultry houses and pigeon coops, and private rabbit and chinchilla hutches, subject to the requirements set forth in sec- tion 26-30(L). (7) Bee keeping, subject to the requirements set forth in section 26-30(L). (8) Rooming and/or boarding of not more than - two (2) persons on a contract basis for not , less than seven days. f (9) Ancillary uses operating within a church's primary structure (e.g., day care centers, scout meetings.) (10) Class I Home occupations which meet the I definition and standazds set forth in sec- tion 26-30(Q)(1) and section 26-5, Defini- tions. ill) Electric transmission or other public utility lines and poles, irrigation channels, storm drainage facilities, and water supply facil- ~"' ities, and other similar facilities. ~ `~ (12) Public and private communication towers, '~" television or radio antennas, or any other similar communications receiving or ~,~ sending device which does not exceed thirty- u five (35) feet in height, whether ground- +r ' mounted or mounted upon a building or ~~~ other structure. For satellite earth receiving stations, see section 26.30(J). ~i (13) Water towers or aboveground reservoirs not in excess of thirty-five (35) feet. (14) Other similar uses or structures as approved by the zonirig administrator or boazd of ad- justment and when in conformance with standards and requirements set forth for similar uses. (D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Supp. No.7 170$ § 26-30 WFD;AT RIDGE CITY CODE (2) Architectural features. Cornices, eave belt- square feet for each be contained courses, sills, canopies or other similar az- 'thin the home. No up home for chitecturalfeatures,includingbaywindows, the velopmentally sabled shall be may extend or project into a required front, locate ser o thousand (2000) side or rear yard not more than thirty (30) feet from t group home For the inches. deveIopmen disabled and no closer (3) Chimneys. Chimneys may project into a re- than seve undr fifty (750) feet to a quired front, side or rear yard not more than group a for the a rly, and in• no two (2) feet, provided the width of such yard inst a shall more than a (1) group is not reduced to less than three (3) feet. ho e for eight (8) or fewer de opmen- ly disabled persons be per 'ted (4) Fire escapes, open stairways. A fire escape ithin each council district. oi• open stairway may extend into any front , (b) side or rear yazd; provided the width of such Gr up Home For Elderly Persons: This yard is not reduced to less than three (3) is a esidential facility established as feet. eithe an owner-occupied or nonprofit group me for the exclusive use of no (P) Residential Group Homes: more th eight (8) persons sixty ( ) (1) Residenti¢l group homes for eight (8) or Years of a e or older who do not ed fewer ~•^~ _ ---•-~(g~ a+^^~,~~,,~ skilled an intermediate care cili- or elderly persons. ties, plus no are than two (2 five-in In accordance with C.R.S., 1973, as staff persons. oup home f elderly amended, § 31-23-303, group homes for not persons shall no a azchite urally de- more than eight (8) a^°^~^°-°~°' signed so as to be i consis nt with the ~~f+`~y~e+::+~eree:,®~r- selderly per- character of the sur un ng neigh6or- sons are permitted el~3e - hood. Every group ho or elderly per- e.7~; 4r~Yid6d .,~Wx ~' ~ • • ' ~ ' ~t""O ~" ~"`^ ~ Arm ' " em 'u'" sons shall meet all r irements of a i l f il h ( ) G } s ng am e- y ome n ,additionally, e ~ p a roup omes for the Developme ly 1 ~ shall meet the requ' eme that the lot U Disabled: This is a residential ility ,yFt. " ~ ~ area shall be a mi mum of fteen hun- censed by the state for the p ose of ~~y~ p viding24-hourstalfcare, •elter su- P+`~-" 0~ dyed (1,500) squ e feet for ach bed " , pe 'ion, training and/o ehabilita- contained with the home. group tion t o more than eig (8) develop- home for elde y persons shal e lo- mental disabled ersons and Gated closer an two thousand f 0001 additional quired s . As defined in feet from a other group home for d- C.R.S. § 31- 303, evelopmentally erly perso sand no closer than sev disabled" mean t ose persons having hundred fty (750) feet to a group hom cerebral palsy, n omusculaz, mental far the evelopmentally disabled, and ' retardation, a is and epilepsy. A in no stance shall more than one (li group home r the velopmentally grou home for eight (8) or fewer eld- disabled sh ' not be azc " ecturally de- erl persons be permitted within each signed so to be inconsis t with the c ncil district. chazact f the surrounding eighbor- (c) roup Homes for the Ment 11: This hood. E ry group home forth devel- is a residential facility for rsons with opme ally disabled shall meet re- mental ess, as th erm is defined quir menu of asingle-family h e in C.R.S., § -10- 2, licensed by the an ,additionally, shall meet the r - state for the of providing 24- q rement that the lot area shall be a hour staf re, shelte , ervision, inimum of fifteen hundred (1500) tra" g and/or rehabilitation to no Supp. No. 6 1784 ~~ ZONING AND DEVELOPMENT § 26-30 more than eight (8) mentally ill pe - sons and additional required staf A ~ group home for the mentally ill all no a architecturally designed o as to be in nsistent with the ch acter of the su unding neighbor od. Every group ho for the men ly ill shall meet aII re -remen of a single- family home a a itionally shall meet the requireme that the lot area shall be a minim o teen hundred (1,500) square f et fore bed con- tainedwithin t e home. No gr home for the men Iy ill shall be to ed Supp. No. 6 1784.1 Y~ ~ . .-- ~ ZQNING AND,DEUELOPMENT ~ 26.30 closer than , , o, tho d (2,000) feet city council to reasonably assess the poten- from another -' ome for the men• tial impacts to the community whewn- tally ill and n, ` o than seven hun- t: idering approval of a special use p , , dred fifty (7 feet to _ oup home for the eld y or develop tally dis- n ( A site plan of the site indicating prop- abled din no }nstance a more rtY boundaries and total area, loca- , th one (1) group'home for eigh 8) or t nand extent of all existing and pro- f wer mentally ill "per-sons permi po ed buildings; parking and - within each council district. anon areas; landscaping and buff- c (d) Certificate of Occupancy: Prior to occu- erin „-fences, walls, etc.;` recreational panty of any group home~fo:-the:me~- - facili£*rps and open space; outdoor -'~ll~the_dev lopmen~tally,~alzled lighting°facilities; trash receptacles; or ~or elderly persons, a cert~cate of occu- any other hysical features that might panty must be requested through the help ident~y 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 lettA,r from the agency li- zoning requirements, and the building tensing the facility with the following # inspection division shall review such information: ,~ requests relative to the building and 1. The fact tl~at'~he agency has li- fire codes prior to issuance of a certifi- tensed orris preparing to license cote of occupancy. In addition, the de- the facility. ~ partment of community development ~ 2- Special nheds of the esidents, such ~ shall post a sign on the premises, in a ~or training, as on•s~te schooling highly visible location, for a time pe- i d £ facilities ne~led to meet and ai r fifteen (15) days prior to the is-,- n o ~ such ecial needs- suance of a certificate of occupancy, 3. Thegnumber of persons for whom with such sign announcing the intent the;`license is being issue to occupy the premises with a group home. The sign is for information pur- 4. Tl~e approximate ages of t~e per- poses only so that interested parties spns expected to occupy the group dome. may review the proposal in the depart- t f it d l t wen o commun y eve opmen . (c) Fg~' homes for the elderly, informat~pn a (2) Residential group homes fornine (9) or more - elderly l~ submitted which describes the f vnng•. 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- c mote i3zdisaltlelderly 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. sidential facility, lawfully-lieensed~r n `~oci P~ C" ou ty a - id~ff edliy~effetsori In addition to the standards and eria set f nder subsection (P)(1 ,which vir~?Yarlment or--the=Stat~o~o racig, aad~upervised by Jeffersost County Sati'dl apply to grou s for dev~ opmentally 9erv#ees--Department, -whick~ ps~bvides disabled and elderly pe s the following r s upervisiex. A res- shall be required in o,,~~' er top infor- idential group home for children shall main- mation for the ulatCnine commission and fain a minimum lot area of fifteen hundred Supp. No. 5 1785 § 26-30 VVfIEe1T RIDGE CITY CODE (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 play- ground 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 ~j '~POra]Z'{ome be permitted per each council distric . Ids ler to asses§=apropos esi• dential group home facility,..the b' f~l~o~wing information shall be submitted by the ap- ~ plicant and used by $1ie planning commis- sionand city council in considering approval of a special use permit: (a) A site lan of the site indicating prop- erty bo dories and area location and extent o existing and proposed buildings; parkin~g and circulation areas; landscaping'8 d buffering, fences, walls, etc.; recrea onal facili- ties and open space; outd or lighting facilities; trash receptacles; or any other physical features"that might help identify the expected chazacter of the proposed facility: (b) A letter fromhe agency licensing the facility with e following information: 1. The fact hat the agency has li- censed or repazing to license the facility. ` h h d 2. ents, suc r si Special needs of t as on-site schooling r training, ~ ded to meet and any facilities ne such special needs. ,^' 3. The number of chik~dren for wham the license is being issued. 4. The approximate ages of the chil- dren. 5. The proposed: procedures and methods to be used in operating the facility; i.e. permanent resi- dent staff, rotating staff, owner- occupied reside c~e etc. (c) An y special use permit granted pur- suant~,e-Liris~seetiran shall be limited to its effectiveness to the applicant therefor, and shall provide, by its terms, for termination upon cessation of own- ership, management or use of said ap- plicant. The limitation specified in this subsection (P)(3)(c) is deemed necessary by the city council in order to maintain the maximum lawful authority over the use and user approved by any such is- sued special use permit, and is deemed necessary to protect the integrity and character of surrounding properties and neighborhoods. ~as~dentflachizet objective, the city~,ounciI, prior to grantingsuc pu~alusep __ it, shall be required'Eo~ern~~~eththe pro- posed group home will~not have an ad- verse effec n~he residential character and q rty of life in the particular neigh -b.oods- of--its =loeation. The council may not den especial use permit for a proposed`residential group home solelyao~he basis of neighbor- hoo~p~tion, where no valid and sub ntive eyiden_ fie. has- offered to s ~hati the ,op sed residential group home _ d have such adverse effect. (d) The special use permit for any residen- tial group home shall be for a term of one (1) year, and shall be automati- cally renewable by the director of the department of community development upon receipt of any application For re- newal if, following review of the files of all city departments and those o£ the county department of social services, it is determined that no written verifi- able complaints concerning the opera- tion of the group home during the terrn of the special use permit have been re- ceived. Ifany such complaint 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. (Q) Home Occupation Regulations: (1) Class I home occupation. The use of a por- tion of adwelling or accessary structure for Stipp. No. 5 1786 -7 ---- --------- -- .., ~ o ---- ----------..__ _ -- ---