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HomeMy WebLinkAboutZOA-97-5MI~MORANDUM To: lanning Commission From: Meredith Reckert, Senior Planner Re: Case Nox-~~--~7=5 Date: August 1, 1997 OF WHEgr ~ P ti o U r"n ~~LORP~O Attached please find a proposal by the City Attorney to amend the recently adopted group home ,regulations deleting the requirement for a Special Use Permit for group homes for nine or more developmentally disabled persons. Staff recommends approval. Recommended Motions: "I move that Case No. ZOA-97-5, a request for approval to amend Section 26-10(E), Zoning Code of the Wheat Ridge Code of Laws, be Approved for the following reasons: I. It will remove the requirement for a Special Use Permit for group homes for nine (9) or more mentally disabled persons. 2. It will allow compliance with the Fair Housing Act." "I move that Case No. ZOA-97-5, a request for approval to amend Section 26-10(E), Zoning Code of the Wheat Ridge Code of Laws, be Denied for the following reasons: 1. 2. « A 4 MEMORANDUM T0: PLANNING COMMISSION AND CITY COUNCIL FROM: GERALD E. DAHL DATE: MAY 23, 1997 RE: CONFORMING CHANGE TO CODE OF LAWS CONCERNING GROUP HOMES As you knout, the City Council adopted Ordinance Nos. 1044 and 1048 in 1996, which together comprehensively revised the approach taken with respect to group homes in the. Code of Laws, to bring the Code of Laws into conformance with federal and state statutes, including the Fair Housing Act (FHA). As a part of that process, the large number of references throughout Chapter 26 of the Code of Laws to group homes were altered, deleted or revised, as necessary. It has come to my attention that there is one remaining reference in Code of Laws Section 26-10(E) (5), that should have been amended. This reference purports to require a special use permit for residential group homes for nine or more developmentally disabled persons or elderly persons. The reference needs to be amended to delete the reference to -developmentally disabled persons, since that subject is now fully treated elsewhere in the Code of Laws as revised by Ordinances 1044 and 1048. The attached ordinance accomplishes this correction. GED163027U 66707.1 CITY OF W[iEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council BiII No. Ordinance No. Series of 7997 TITLE: AN ORDINANCE AMENDING SECTION 26-10(E) OF THE CODE OF LAWS, CONCERNING SPECIAL USES IN THE RESIDENTIAL-1 DISTRICT WHEREAS the City Council, acting by Ordinance Nos. 1044 and 1048, Series of 1996, comprehensively amended the Code of Laws pertaining to group homes for handicapped, developmentally disabled, elderly persons, and children; and - WHEREAS, a reference in Code of Laws Subsection 26-10(E)(5), concerning residential group homes for developmentally disabled persons was to have been deleted by those ordinances, but was inadvertently not deleted. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 7. Section 26-10(E)(5) of the Wheat Ridge Code of Laws is hereby amended to read: - - {5) Residential group homes for nine {g) or more ^'^~•^'^^m^^'^"•• •'~^^~'^~'-persons sf elderly persons (see section 26-30(P) and section 26-5, Definitions). Section 2. 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 3. Severability: Conflicting Ordinances Repealed. If any section,. subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final GED\53027U Bfi094.7 - - ~__ t passage set for , 1997, 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 mf , 1997. SIGNED by the Mayor on this day of 1997. ATTEST: WANDA SANG, CITY CLERK First Publication: Second Publication: Wheat Ridge Transcript _ Effective Date: DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY GED153027\186094.1 - - _- - _1_ _ _ Wheat Fildggoo TranscrtpT 3955-97 ~"- Published Juty,18, 1997 NOTICE OF PUBLIC HEARING Natice is horeby gnren that a Publi Hearing is to be bekl before the City t Wheat Ridge PLANNING COMMIS SION on August 7, 1997, at 7:30 p.rt at 7500 Wost 29th Avenue, Whes Ridge, Colorado. All interested citizer are invited to speak at the Public Hea ing or submit written comments. Th. following pefltions shall be heard: ' 1. Case No. MS-97.2: An applicatic j by Diana Whitfield for Toula addis h. approval of a two-lot subdivision f~ property zoned Residential-Two ar Residential-Three. Said property located at 4445 Parfet and t 1050 We 45th Avenua and is legally described ; follows: That part of East'/z Northwest,'/a Se lion 21, Township 3 South, Range E West described as: Beginning at point on the West line of Parfet Stre at intersection of said West line wi South line of West 45th Avenue, sa point being 1444.95 feet South of t' North line of said East'h Northwest ' and 578.5 feet West of said Part Street, 550 fleet, more or less, to No' line of West 44th Avenue; Thence Wf along the said North line of said Wf 44th Avenue,. 201.7 feet; Thence No and parallel with the West line of sa Parfet Street; 550 feet, more or less the South line of said West 4E Avenue; Teence East along South li of said West 45th Avenue, 201.7 fe more or less, to point of beginnir EXCEPT the South 168.00 feet there and EXCEPT the East 125.00 feet the North 150.00 feet thereof, Count} Jefferson, State of Colorado. Conta 1.34 acres, snore or less. 2. Case No ZOA-97.5: An applicat by the City of Wheat Ridge to consi a proposed amendment to the Wh Ridge Code of laws, Chapter 26, Z ing Code, relating to Group Homes. 3. Case IJo ZOA-97-8: An appli lion by the City of Wheat Ridge to c sider a proposed amendment to Wheat Ridge Code of Laws, ChaF 26, Zoning Code relating to resider densities and development standard 4. Case No WPA-97-1: An appl lion by the City of Wheat Ridge to c sider proposed amendments to the of Wheat Ridge Comprehensive De o ment Plan relating to residential c spies and development standar Items #3 and #4 shall be considere the same public hearing.' Marilyn Gunn i Marilyn Gunn, Recording Secre ATTEST: Wanda Sariq Wanda Sang, City Clerk Wheat Ridga Transcript 3956-97 Published July 18, 1997 _ _ ~r Planning Commission Miriutes August 7, 1997 Page 4 decision with subdividing. Pete Synko, 4499 Parfet. Mr.Synko stated he does not believe that there is enough room to build a house. He was also concerned about what affects building a house on this property would have on his well water. He believes the lot is too small and wanted to know, where the lot designation pins were located. He also stated he enjoys all of the wildlife that lives on the lot and prefers not to have anything built close to his property. He would also like the owners to fmd the property line pins and was advised that the owners would be taking caze of mazking the property lines. Bill Hall, representative of ReMax West, 5440 Wazd Road, Arvada. He stated that he hoped he could settle some feazs of the neighborhood. He said that the future owner was under contract and that they have been in contact with P.S.C. and stakes have been placed across the area that cannot be built under. The future owner is under contract with a modular home that meets all requirements. The home will not have a basement and would not affect any azea wells and ftuther that there would be minimal dirt movement as well. A motion Was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move that Case No. MS-97-2, a request for approval of a two-lot minor subdivision for R-2 and R-3 zoned property located at 4445 Pazfet and l 1050 W. 45th Avenue, be Approved for the following reasons: 1 The owners have requested a subdivision in order to create a lot for a single family home on West 45th Avenue. 2. All minimum requirements of R-2 and R-3 zone district regulations have been met. 3. All requirements of the subdivision regulations have been met. With the following conditions: 1. Legal description problems be corrected before review by City Council. 2. A note be added to the plat requirement that no existing mature trees be removed unless in direct conflict with a building Development " Motion carried 5-0. B. Case No. ZOA-97-5: An application by the City of Wheat Ridge to consider a proposed amendment to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, relating to Group Homes. Gerald Dahl, City Attorney, addressed this case. He stated that Council had approved two r Planning Commission Minutes August 7, 1997 Page 5 ordinances in late 1996 concerning group homes to bring the City's Code of Laws into conformance with Federal and State Statutes and in particular the Fair Housing Act. All references were previously thought to have been changed, however, one reference was not included and therefore now needs to be deleted. This change will delete the reference to developmentally disabled persons from the list of uses permitted as special uses in the R-1. Basically this means, that local zoning authorities aze not permitted to treat individuals with developmental disabilities or any of the other protected classes under the Fair Housing Act any differently than single family homes. It is illegal to treat disabled persons differently than any family just for that reason. The change to this ordinance is to clean up all the references. A motion was made by Commissioner BRINKMAN, seconded by Commissioner CERVENY, "I move that Case No. ZOA-97-5, a request for approval to amend Section 26-10(E), Zoning Code of the Wheat Ridge Code of Laws, be Approved for the following reasons: 1. It will remove the requirement for a Special Use Permit for group homes for nine (9) or more developmentally disabled persons. 2. It will allow compliance with the Fair Housing Act " Motion carried 5-0. Items C. and D. Combined for Public Iiearin~ C. Case No. ZOA-97-8: An application by the City of Wheat Ridge to consider a proposed amendment to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code"relating to residential densities and development standards. • D. Case No. WPA-97-1: Aa application by the City of Wheat Ridge to consider proposed amendments to the City of Wheat Ridge Comprehensive Development Plan relating to residential densities and development standards. Commissioner CERVENY requested a moment prior to discussion. He stated in the CPRC Minutes of June 11, 1997, a motion was made and approved by Member ECKARDT that the Goals and Policies for the City as established by the CPRC, should come before the Council and Planning Commission in a Study Session. The Commissioner had many questions as it relatl;s to the Goals and Policies and density recommendations. He suggested that the Goals and Policies be reviewed and approved prior to discussion of any density issues. ~'- Chairperson WILLIAMS stated that he would prefer mote time to digest all of the information ~; PUBLIC HEARING SPEAKERS' LIST CASE NO: _ ZOA-97-5 DATE: August 7, 1997 REQUEST: A public hearing to consider an amendment to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, relating to Group Homes. C AGENDA ITEM RECAP ,- QUAS[-JUDICIAL X -Yes No _ PUBLIC HEARINGS _PROCJCEREMONIES _ BIDS~[OTIONS INFOR,~SATION ONLY CITY ADM. MATTERS CITY ATTY. MATTERS - LIQC30R HEARNGS PUBLIC COL[MENT AGENDA ITEM TITLE: Case No. ZOA-97-~ AGENDA YTEiFi November 6, 1997 Meeting l~~t _ ELEC. QFFICIALS MATTERS X ORDINANCES FOR iST READING - ORDINAi~ICES FOR 2ND READNG RESOLUTIONS SUAL~LaRY/RECOMbiENDATION: A proposed amendment to the City's regulations pertaining to group homes. A recommendation of approval on first reading is given. ATTACHi4fENTS: 1) ?) 3) BUDGETED ITEb1 ^ ^ Yes No Fund Dept/Acct Budgeted Amount ~_ Requested Expend.~_ Requires Transfer/ ^ ^ Supp. Appropriation Yes No .._ ~ _ _. RECOMMENDED MOTIONS: I move that Council Bill ~_ be approved on first reading, ordered published, public hearing be set for _ _ Monday, , 1997 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading take ffect fifteen (15) days after final publication. ' No vE n ~ ~. ~~ MEMORANDUNT- TO:. PLANNING COMMISSION AND CITY COUNCIL FROM: GERALD E. DAHL DATE: MAY 23, 1997 RE: CONFORMING CHANGE TO CODE OF LAWS CONCERNING GROUP HOMES - - As you knotiv, the City Council adep±ed Ordinance Nos. 1044 and i 048 in 1996, which together comprehensively revised the approach taken with respect to group homes in the Code of Laws, to bring the Code of Laws into conformance with federal and state statutes, including the Fair Housing Act (FHA). As a part of that process, the large number of references throughout Chapter 26 of the Code of Laws to group homes were altered, deleted or revised, as necessary. It has come to my attention that there is one remaining reference in Code of Laws Section 26-1O(E)(5), that should have been amended. This reference purports to require a special use permit for residential group homes for nine or more developmentally disabled persons or elderly persons. The reference needs to be amended to delete the reference to developmentally disabled persons, since that subject is now fully treated elsewhere in the Code of Laws as revised by Ordinances 1044 and 1048. The attached ordinance accomplishes this correction. GED153027U86101.1 CITY OF WHEAT RIDGE; COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 4g Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING SECTION 26-10(E) OF THE CODE OF LAWS, CONCERNING SPECIAL USES IN THE RESIDENTIAL-1 DISTRICT WHEREAS, the City Council, acting by Ordinance Nos. 1044 and 1048, Series of 1996, comprehensively amended the Cbde of Laws pertaining to group homes for handicapped, developmentally disabled, elderly persons, and children; and WHEREAS,a reference in Code of Laws Subsection 26-10fE1(5), concerning residential group homes for developmentally disabled persons was to have been deleted by those ordinances, but was inadvertently not deleted. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-10(E)i5) of the Wheat Ridge Code of Laws is hereby amended to read: (5) Residential group homes for nine {9) or more fed-SeESeflsefelderly persons (see section 26-30{P) and section 26-5, Definitions). Section 2. 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 3. Severability: Conflictino Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All - other ordinances or parts of ordinances in conflict with the provisions of this ordinance are -- hereby repealed. Section 4. Effective Date. This O_ rdinance shall take effect fifteen days after final publication, as provided by Section 5.1 1 of the Charter. INTRODUCED, READ, ANO ADOPTED on first reading by a vote of to on this day of , 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on'final GED163027V 66095.1 passage set for , 1997, 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 , _1997._ SIGNED by the Mayor on this day of 1997_ DAN WILDE, MAYOR ATTEST: WANDA SANG, CITY CLERK n APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: Second Publication: Wheat Ridge Transcript Effective Date: GEG157027N 9609s,1 - _2_ Planning Commission Minutes August 7, 1997 _- .._.- Page 4 decision with subdividing. Pete Synko, 4499 Parfet. Mr.Synko stated he does not believe that there is enough room to build a house. He was also concerned about what affects building a house on this property would have on his well water. He believes the lot is too small and wanted to know where the lot designation pins were located. He also stated he enjoys all of the wildlife that lives on the Iot and prefers not to have anything built close to his property. He would also like the owners to fnd the property line pins and was advised that the owners would be taking caze of marking the property lines. Bill Hall, representative of ReMax West, 5440 Wazd Road, Arvada. He stated that he hoped he could settle some fears of the neighborhood. He said that the future owner was under contract and that they have been in contact with P.S.C. and stakes have been placed across the azea that " cannot be built under. The future owner is under contract with a modular home that meets all requirements. The home will not have .a basement and would not affect any area weals and further that there would be minima! dirt movement as well. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move that Case No. MS-97-2, a request for approval of a two-lot minor subdivision for R-2 and R-3 zoned property located at 4445 Parfet and 11050 W. 45th Avenue, be Approved for the following reasons: 1 The owners have requested a subdivision in order to create a lo[ for a single family home on West 45th Avenue. . 2. ,All minimum requirements of R-2 and. R-3 zone district regulations have been met. 3. All requirements of the subdivision regulations have been met. Wiih the following conditions: 1. Legal description problems be corrected before review by City Council. 2. A note be added to the plat requirement that no existing mature trees be removed unless in direct conflict with a building Development " -_ Motion carried 5-0. B. Case No. ZOA-97-5: An application by the City of Wheaf Ridge to consider a proposed amendment to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, relating to Group Homes. Gerald Dahl, City Attorney, addressed this case: He stated that Council had approved two Planning Commission Minutes August 7, 1997 Page 5 ordinances in late 1996 concerning group homes to bring the City's Code of Laws into conformance with Federal and State Statutes and in particular the Fair Housing Act. All references were previously thought to have been changed, however, one reference was not included and therefore now needs to be deleted. This change will delete the reference to developmentally disabled persons from the list of uses permitted as special uses in the R-1. Basically this means, that local zoning authorities are not permitted to treat individuals with developmental disabilities or any of the other protected classes under the Fair Housing Act any differently than single family homes. It is illegal to treat disabled persons differently than any family just for that reason. The change to this ordinance is to clean up all the references. A motion was made by Commissioner BRNICMAN, seconded by Commissioner CERVENY, _ "I move.that Case No. ZOA-97-5, a request for approval to amend Section 26-10(E), Zoning Code of the Wheat Ridge Code of Laws, be Approved for the following reasons: 1. It will remove the requirement for a Special Use Permit for group homes for nine (9) or more developmentally disabled persons. 2.. It will allow compliance with the Fair Housing Act." Motion carried S-0. Items C, and D. Combined for Public I-tearing C. Case No. ZOA-97-8: An application by the City of Wheat Ridge to consider a proposed amendment to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code relating to residential deasities and developmeat standards. D. tease No. WPA-97-1: An application by the City of Wheat Ridge to coasider proposed amendments to the City of Wheat Ridge Comprehensive Development Plan relating to residential densities and development standards. Commissioner CERVENY requested a moment prior to discussion. He stated in the CPRC Minutes of June 11, 1997, a motion was made and approved by Member ECKARDT that the Goals and Policies for the City as established by the CPRC, should come before the Council and Planning Commission in a Study Session. The Commissioner had many questions as it relatbs to the Goals and Policies and density recommendations. He suggested that the Goals and Policies . be reviewed and approved prior to discussion of any density issues. i. Chairperson WILLIAMS stated chat he would prefer more time to digest all of the information CITY COUNCIL MINUTES October 13, 1997 Page -3- Item 5. Council Bill 47 - An Ordinance providing for the approval of rezoning from Agricultural -One to Residential -One A on land located at 4313 Jellison Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ -97 -9) (Josephine Johnston) Council Bill 47 was introduced on first reading by Mr DiTullio, title read by the Clerk. Motion by Mr DiTullio that Council Bill 47 be approved on first reading, ordered published, public hearing be set for Monday, November 24, 1997 at 7 00 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Fields, carried 8 -0 Item 6. Council Bill 48 - An Ordinance amending Section 26 -10(E) of the Code of Laws, concerning Special Uses in the Residential -One District. Council Bill 48 was introduced on first reading by Mr Siler; title and summary read by the Clerk. Motion by Mr Siler that Council Bill 48 be approved on first reading, ordered published, public hearing be set for Monday, November 10, 1997 at 7 00 p m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mrs Dalbec; carried 8 -0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 7. Resolution 1626 - modifying the Wheat Ridge Town Center Urban Renewal Plan to include additional properties within the Urban Renewal area and other modifications, and finding that blighted areas exist within the area. Motion by Mrs Dalbec to bring this Item to the November 17 Study Session and then bring it back to Council on November 24, seconded by Mr DiTullio, carried 8 -0 Item 8. Final purchase of Recreation Center Site Motion by Mr Siler that $993,800 be transferred from the General Fund Balance to the Recreation Center Fund Account 61- 602 - 800 -801 1 further move the approval of the expenditure of $993,800 to First American Heritage Title for the acquisition of the Recreation center Site, which includes $325,800 for the Weller property located at 10150 West 40th Avenue, $476,000 for the Blevins property at 3975 Kipling Street, and $190,000 for the B &B Enterprises property at 4075 Kipling Street. I further move the approval of the payment of the closing costs not to exceed $2,000 1 further move all expenditures be charged to Acct. 61- 602 - 800 -801, seconded by Mr Eafanti, carried 8 -0 CITY COUNCIL MINUTES November 10, 1997 Page -2- PROCLAMATIONS AND CEREMONIES (CON'T) 10 years- Joe Ashker, Norm Burkepile, Ed Pinson and Joe Drew 15 years- Paul Recen 20 years- Robert Reischman and Bob Howard 25 years- Dr Hilsenroth Mayor Cerveny presented an award to the "Silver Foxes" , the Community Center's softball team for winning first place in the Colorado Senior Softball Association for both the summer league and post season tournament. APPROVAL OF MINUTES OF October 27, 1997 Motion by Mr Eafanti for the approval of the Minutes of October 27, 1997 seconded by Mrs Dalbec; carried 8 -0 CITIZENS' RIGHT TO SPEAK Odarka Figlus, 9775 W 36th Ave , congratulated the newly Elected Officals and thanked the Citizens of Wheat Ridge for supporting the Recreation Center PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 48 - An Ordinance amending Section 26 -10(E) of the Code of Laws, concerning Special Uses in the Residential -One District. Council Bill 48 was introduced on second reading by Mr Siler title read by the Clerk; Ordinance No 1100 was assigned Motion by Mr Siler for approval of Council Bill 48 (Ordinance No 1100), seconded by Mrs Dalbec, carried 8 -0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 2. Election of Mayor pro -tem Motion by Mr Siler to elect Mr DiTullio as Mayor pro -tem, seconded by Mr Eafanti, carried 8 -0 Item 3. Election of Council President. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SILER Council Bill No. 48 Ordinance No. 1100 Series of 1997 TITLE AN ORDINANCE AMENDING SECTION 26 -10(E) OF THE CODE OF LAWS, CONCERNING SPECIAL USES IN THE RESIDENTIAL -1 DISTRICT WHEREAS, the City Council, acting by Ordinance Nos 1044 and 1048, Series of 1996, comprehensively amended the Code of Laws pertaining to group homes for handicapped, developmentally disabled, elderly persons, and children, and WHEREAS, a reference in Code of Laws Subsection 26- 1O(E)(5), concerning residential group homes for developmentally disabled persons was to have been deleted by those ordinances, but was inadvertently not deleted BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 Section 26- 10(E)(5) of the Wheat Ridge Code of Laws is hereby amended to read (5) Residential group homes for nine (9) or more developmentally disab PeFSGRS of elderly persons (see section 26 -30(P) and section 26 -5, Definitions). Section 2 . 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 3 Severability; Conflicting Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed Section 4 Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13` day of October, 1997, ordered published in full in a newspaper of general circulation in GLIX53027` 180094 01 1 the City of Wheat Ridge and Public Hearing and consideration on final passage set for November 10, 1997, 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 8 to 0 , this 10th day of November 1 1997 SIGNED by the Mayor on this 13th day of November 1997 ETCHEN CERVE , MAYOR ATTEST IJ r WANDA SANG, CITY CLE APPROVED AS TO FORM BY CITY ATTORNEY dF i ALD-E DAHL, CITY ATTORNEY V First Publication October 17, 1997 Second Publication November 21, 1997 Wheat Ridge Transcript Effective Date December 6, 1997 GLDU3027` 186094 01 2