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HomeMy WebLinkAboutZOA-03-05CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 27-2001 Ordinance No. 1102 Series of 2003 TITLE: AN ORDINANCE AMENDING PORTIONS OF CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING "FAMILY FOSTER HOMES" AND "RESIDENTIAL GROUP HOMES." WHEREAS, on January 13, 2003, the Colorado Supreme Court issued its decision in City of Northglenn v Ibarra, concerning a challenge to a municipal zoning ordinance; and WHEREAS, as part of this decision, the Colorado Supreme Court determined that the placement of adjudicated delinquent children required to register as sex offenders in state-created foster care families is a matter of statewide concern; and WHEREAS, in light of the Ibarra decision, the City Council desires to make certain amendments to the foster home definition provided by Section 26-123 of the Code of Laws of the City of Wheat Ridge ("Code of Laws") and to make certain non-substantive housekeeping amendments to Chapter 26 provisions concerning "residential group homes." NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-1 23 of the Code of Laws is amended by deleting the definition of "Family foster home" and substituting therefor the definition "Foster care home," to read in its entirety as follows: Foster care home. A foster care home, as defined by C.R S. § 26-6- 102(4.5), as existing or hereafter amended, that is properly licensed or certified by the state of Colorado, Jefferson County, or any of its designees, as a foster care home. The age of a child placed in a foster care home may not exceed eighteen (18) years or, in the case of a child placed in foster care by court order prior to his or her eighteenth birthday, twenty-one (21) years. Section 2. Paragraph (a) of the definition of "residential group homes" provided by Section 26-123 of the Code of Laws is amended as follows. (a) Group home for children: A •""'~,de„ta} facility foF five (6) or GFA eh`!d; cn which is licensed by the Jefferson County OR STATE Department of Human Services AS A RESIDENTIAL CHILD CARE FACILITY OR SPECIALIZED GROUP FACILITY, AS DEFINED BY AND CNB\530271433617 03 1 PURSUANT TO ARTICLE 6 OF TITLE 26, COLORADO REVISED STATUTES, AS EXISTING OR HEREAFTER AMENDED. THE AGE OF A CHILD PLACED IN A GROUP HOME FOR CHILDREN MAY NOT EXCEED EIGHTEEN (18) YEARS OR, IN THE CASE OF A CHILD PLACED IN A GROUP HOME BY COURT ORDER PRIOR TO HIS OR HER EIGHTEENTH BIRTHDAY, TWENTY-ONE (21) YEARS. forthe PUFPGS8 Of PFOviding up to twenty four (24) hour car _n the home aftef Feaehing the age of eighteen (18) shall tweet c ;c ,2,'-`r. Group homes for children do not include facilities for the placement of children operated directly by the Division of Youth Corrections of the Colorado Department of Human Services, the Mental Health Division of the Colorado Department of Human Services, or the Alcohol and Drug Abuse Division of the Colorado Department of Public Health and Environment, even if licensed by Jefferson County Department of Human Services. See section 26- 603612. A group home for children shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3- 412 5, C.R S., as amended. Section 3. Section 26-123 of the Code of Laws is amended by the addition of a new definition to read in its entirety as follows: Group home, residential. A residential facility for children, the elderly or persons unable to care for themselves that also meets the definition of a group home, congregate care home or nursing home provided under Residential group homes in this Section 26-123. Section 4. Section 26-204 of the Code of Laws is amended by deleting "Family foster home" from the Table of Uses - Residential and Table of Uses - Agricultural and Public Facilities, and substituting therefor in each of the tables, "Foster care home." Section 5. The Table of Uses - Residential, provided by Section 26-204 of the Code of Laws, is amended as follows: Residential group homes, nursing homes, or AND congregate care faeility FACILITIES for 6-8 OR FEWER elderly persons Section 6. The Table of Uses - Commercial and Industrial Districts, provided by Section 26-204 of the Code of Laws, is amended as follows: Residential group and nursing homes and congregate care facilities for 644, 8 OR FEWER elderly persons CNB\530274433617 03 2 Section 7. 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 8. 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 9. Effective Date. This Ordinance shall take effect immediately upon final adoption, as authorized by Section 5 11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 141-h day of .1111Y , 2003, 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 July 28 , 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29`" Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 0 this 7ftth day of 1„1v 2003. SIGNED by the Mayor on this 29th day of July , 2003. ATTEST: rG << "SEAL Wanda Sang, City rk etchen Cerveny, Mayor Approved As To Form erald E. ahl it Attorney CNB1530271433617.03 3 First Publication- July 17, 2003 Second Publication: July 31 2003 Wheat Ridge Transcript: Effective Date: July 28, 2003 CNB\530271433617 03 4 CITY COUNCIL MINUTES: July 28, 2003 Page -4- Motion by Mr. DiTullio to approve the Agenda as amended; seconded by Mr. Mancinelli; carried 6-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. COUNCIL BILL 29-2003 - AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING ZONING TO PROVIDE FOR THE LOCATION OF SUBSTANCE ABUSE CLINICS WITHIN CERTAIN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS. Council Bill 29-2003 was introduced by Mr. Mancinelli, who also read the title and summary. Clerk assigned Ordinance No. 1301. Alan White, Director of Community Development, gave the staff report. Don Peterson supports the Ordinance, but asked why alcohol clinics are not included. Mr. White explained that under the Americans With Disabilities Act, alcoholism is treated as a protected class and therefore any regulation to prohibit those is not allowed. Mr. Edwards explained to the television viewers that this Ordinance is similar to the one enacted earlier in the year about Psychics, that this notifies surrounding property owners and allows them input. Motion by Mr. Mancinelli to approve Council Bill 29-2003 (Ordinance 1301) on second reading; seconded by Mr. Schneider; carried 6-0. Item 2. COUNCIL BILL 27-2003 - AN ORDINANCE AMENDING PORTIONS OF CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT IF RIDGE CONCERNING "FAMILY FOSTER HOMES" AND "RESIDENTIAL GROUP HOMES". (CASE NO. ZOA-03-05) Council Bill 27-2003 was introduced on second reading by Mr. DiTullio, who read the title and summary. Clerk assigned Ordinance No. 1302. Mr. White presented the staff report. Motion by Mr. DTullio to approve Council Bill 27-2003 (Ordinance 1302) on second reading; seconded by Mr. Edwards; carried 6-0. of wHeAr ITEM NO: m REQUEST FOR CITY COUNCIL ACTION OCORA~~ COUNCIL MEETING DATE: July 28, 2003 TITLE: AN ORDINANCE AMENDING PORTIONS OF CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING "FAMILY FOSTER HOMES" AND "RESIDENTIAL GROUP HOMES. ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: July 14, 2003) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No City Attorney City Manager EXECUTIVE SUMMARY: This ordinance was prepared in response to the Colorado Supreme Court's recent ruling in City of Northglenn v. Ibarra. In Ibarra, the court declared for the first time that the placement of children who are required to register as sex offenders in state-approved foster homes is a matter of statewide concern. The ordinance removes the numerical distinction between foster homes and group homes and instead distinguishes these homes based on state law. Homes must meet the definition provided by state statute and possess the appropriate license or certification to be considered a certain type of home for the City's zoning purposes. COMMISSION/BOARD RECOMMENDATION: Planning Commission reviewed a draft ordinance on June 19, 2003 and recommended the approach of the attached ordinance by a 6-2 vote. STATEMENT OF THE ISSUES: Formulating an appropriate response to the Ibarra decision. ALTERNATIVES CONSIDERED: See attached memorandum. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to approve Council Bill No. 27-2003, an ordinance amending portions of Chapter 26 of the Code of Laws of the City of Wheat Ridge concerning family foster homes and residential group homes, on second reading." Or, " I move to table indefinitely Council Bill No. 27-2003 for the following reasons: 1. 2.... Report Prepared by: Gerald E. Dahl, City Attorney (303) 376-5019 Alan White, Community Development Director (303) 235-2844 Attachments: 1. Memorandum from City Attorney 2. Council Bill No. 27-2003 GORSUCH KIRGIS LLP ATTORNEYS AT LAW TO: Mayor & City Council FROM: Gerald E. Dahl Carmen Beery DATE: June 30, 2003 RE: Chapter 26: Revision of foster home and group home definitions As we advised in January, the Colorado Supreme Court issued a decision that month that has implications for local zoning treatment of foster homes. As you may recall, City of Northclenn v. Ibarra involved a foster home that housed more than one foster child who was required by state law to register as a sex offender. Under the Northglenn zoning ordinance, the foster family could not contain more than one registered sex offender and be located in a residential zone district. The foster family challenged the Northglenn ordinance. The Colorado Supreme Court invalidated the Northglenn ordinance, as applied to the family. Important for local Colorado governments is the court's holding that the placement of children who are required to register as sex offenders in foster homes is a matter of statewide concern. Because of this ruling, municipalities may no longer adopt or enforce laws and regulations - even zoning laws - that effectively restrict the state's discretion (counties act as the state's agents in this area) to place juvenile sex offenders in foster homes. Since the decision was handed down, the City Attorney's Office and the Department of Community Development have been working on an appropriate response. The attached ordinance is the product of that work, together with input from the Planning Commission. This memorandum summarizes the current state of the law in this area, the proposed ordinance and alternatives considered. State and local laws: Chapter 26 (Zoning and Development) of the Code of Laws currently distinguishes "family foster homes" and "group homes for children" by the number of unrelated children residing there: family foster homes may house up to four unrelated children, group homes house five or more. Under state child care regulations, foster homes and group homes are distinguished by a number of features other than number of children, such as required outdoor activity areas, floor space to bed ratios, training and staffing requirements and menu planning and posting. Group homes are required to have institutional features and programs, while foster homes must provide a residential family environment. ATTACHMENT 1 CNB\53027T443162 - State regulations generally limit foster homes to four unrelated children. There are exceptions to this rule, however. Jefferson County Social Services has advised that they are not bound by this numerical limitation when placing children in "receiving homes" (homes that first house children removed from their biological homes) or when placing sibling groups. As a result, it is conceivable that the state could place more than four unrelated juvenile sex offenders in one foster home. Under Ibarra, the City may not restrict the state's ability to do this. Ordinance: The attached ordinance removes the local numerical distinction between foster homes and group homes and instead distinguishes these homes based on state law. Group homes and foster homes must meet the appropriate definition provided by state statute and possess the correct license or certification to be considered such.a home for the City's zoning purposes. Deleting the local numerical distinction eliminates the possibility of violating Ibarra because the number of foster children is not considered by the City. The ordinance also contains a few housekeeping items, such as adding a "Group home" definition that cross-references the "Residential group home" definition and cleaning up the elderly group home use table references. Alternatives considered: 1. Eliminate local classification of foster homes and group homes based on number of children and simply reference the state definitions and licensure requirements. This is the alternative reflected in the attached ordinance. 2. Amend the definition of "family foster home" to except juvenile sex offenders from the four unrelated children limitation. This runs the risk of restricting the state's ability to place four unrelated children who are not sex offenders in a City foster home even though the state does this from time to time. Though this makes the City and state definitions inconsistent, it is not forbidden by Ibarra. 3. Delete foster home as a separate definition and roll foster homes into the definition of family. Many communities mention foster homes in the definition of "family." Ibarra could then be addressed by providing that a family may not contain more than one person required to register as a sex offender pursuant to state law, excepting those persons related by blood, marriage, adoption and/or placed by the state in a licensed or certified foster care home. We remain available to assist you in the process of considering this ordinance and to further address any of these issues. CNB\53027\443162 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING PORTIONS OF CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING "FAMILY FOSTER HOMES" AND "RESIDENTIAL GROUP HOMES." WHEREAS, on January 13, 2003, the Colorado Supreme Court issued its decision in City of Northglenn v. Ibarra, concerning a challenge to a municipal zoning ordinance; and WHEREAS, as part of this decision, the Colorado Supreme Court determined that the placement of adjudicated delinquent children required to register as sex offenders in state-created foster care families is a matter of statewide concern; and WHEREAS, in light of the Ibarra decision, the City Council desires to make certain amendments to the foster home definition provided by Section 26-123 of the Code of Laws of the City of Wheat Ridge ("Code of Laws") and to make certain non- substantive housekeeping amendments to Chapter 26 provisions concerning "residential group homes." NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the Code of Laws is amended by deleting the definition of "Family foster home" and substituting therefor the definition "Foster care home," to read in its entirety as follows: Foster care home. A foster care home, as defined by C.R.S. § 26-6- 102(4.5), as existing or hereafter amended, that is properly licensed or certified by the state of Colorado, Jefferson County, or any of its designees, as a foster care home. The age of a child placed in a foster care home may not exceed eighteen (18) years or, in the case of a child placed in foster care by court order prior to his or her eighteenth birthday, twenty-one (21) years. Section 2. Paragraph (a) of the definition of "residential group homes" provided by Section 26-123 of the Code of Laws is amended as follows: (a) Group home for children: A r^sideRt;al facility f^• five (5) ^ choldMR v;;eh is licensed by the Jefferson County OR STATE Department of Human Services AS A RESIDENTIAL CHILD CARE FACILITY OR SPECIALIZED GROUP FACILITY, AS DEFINED BY AND PURSUANT TO ARTICLE 6 OF TITLE 26, COLORADO REVISED STATUTES, AS EXISTING OR HEREAFTER AMENDED. THE AGE OF A CHILD CNBG53027\433617.03 ATTACHMENT 2 PLACED IN A GROUP HOME FOR CHILDREN MAY NOT EXCEED EIGHTEEN (18) YEARS OR, IN THE CASE OF A CHILD PLACED IN A GROUP HOME BY COURT ORDER PRIOR TO HIS OR HER EIGHTEENTH BIRTHDAY, TWENTY-ONE (21) YEARS. f^"#e-PUpese g this u f' •t' f•I h' the age of twenty ene (21) Group homes for children do not include facilities for the placement of children operated directly by the Division of Youth Corrections of the Colorado Department of Human Services, the Mental Health Division of the Colorado Department of Human Services, or the Alcohol and Drug Abuse Division of the Colorado Department of Public Health and Environment, even if licensed by Jefferson County Department of Human Services. See section 26-6G3612. A group home for children shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3- 412.5, C.R.S., as amended. Section 3. Section 26-123 of the Code of Laws is amended by the addition of a new definition to read in its entirety as follows: Group home, residential. A residential facility for children, the elderly or persons unable to care for themselves that also meets the definition of a group home, congregate care home or nursing home provided under Residential group homes in this Section 26-123. Section 4. Section 26-204 of the Code of Laws is amended by deleting "Family foster home" from the Table of Uses - Residential and Table of Uses - Agricultural and Public Facilities, and substituting therefor in each of the tables, "Foster care home." Section 5. The Table of Uses - Residential, provided by Section 26-204 of the Code of Laws, is amended as follows: Residential group homes, nursing homes, er AND congregate care faeilfty FACILITIES for 6-8 OR FEWER elderly persons Section 6. The Table of Uses - Commercial and Industrial Districts, provided by Section 26-204 of the Code of Laws, is amended as follows: Residential group and nursing homes and congregate care facilities for 6 W 8 OR FEWER elderly persons Section 7. 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 CNB\53027433617.03 2 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 8. Severability: Conflictinq 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 9. Effective Date. This Ordinance shall take effect immediately upon final adoption, as authorized by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2003, 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 , 2003, 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 2003. SIGNED by the Mayor on this day of 2003. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: CNB\53027\433617.03 3 ITEM NO: of WHEAT Pa m REQUEST FOR CITY COUNCIL ACTION C~(ORPO~ COUNCIL MEETING DATE: July 14, 2003 TITLE: AN ORDINANCE AMENDING PORTIONS OF CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING "FAMILY FOSTER HOMES" AND "RESIDENTIAL GROUP HOMES. ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: July 14, 2003) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No City Attorney City Manager EXECUTIVE SUMMARY: This ordinance was prepared in response to the Colorado Supreme Court's recent ruling in City of NorthRlenn v. Ibarra. In Ibarra, the court declared for the first time that the placement of children who are required to register as sex offenders in state-approved foster homes is a matter of statewide concern. The ordinance removes the numerical distinction between foster homes and group homes and instead distinguishes these homes based on state law. Homes must meet the definition provided by state statute and possess the appropriate license or certification to be considered a certain type of home for the City's zoning purposes. COMMISSION/BOARD RECOMMENDATION: Planning Commission reviewed a draft ordinance on June 19, 2003 and recommended the approach of the attached ordinance by a 6-2 vote. STATEMENT OF THE ISSUES: Formulating an appropriate response to the Ibarra decision. ALTERNATIVES CONSIDERED: See attached memorandum. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to approve Council Bill No. an ordinance amending portions of Chapter 26 of the Code of Laws of the City of Wheat Ridge concerning "family foster homes" and "residential group homes," on first reading, ordered published, and set for public hearing and consideration on second reading at 7:00 p.m. in City Council Chambers on July 28, 2003." Or, "I move to table indefinitely Council Bill No. 1. 2...: for the following reasons: Report Prepared by: Gerald E. Dahl, City Attorney (303) 376-5019 Alan White, Community Development Director (303) 235-2844 Attachments: 1. Memorandum from City Attorney 2. Council Bill No. ITEM NO: of WHEgT O U m REQUEST FOR CITY COUNCIL ACTION ~OLORA~~ COUNCIL MEETING DATE: June 23, 2003 TITLE: AN ORDINANCE AMENDING PORTIONS OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING "FAMILY FOSTER HOMES" AND "RESIDENTIAL GROUP HOMES" (CASE NO. ZOA-03-05) ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date:June 23, 2003) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Community Development Director City Manager EXECUTIVE SUMMARY: This ordinance was initiated by the City Attorney's office to comply with recent action by the Colorado Supreme Court. The intent of the ordinance is to comply with the "Ibarra" decision and to distinguish between "Family Foster Homes" and "Group Homes for Children". Staff also took the opportunity for "housekeeping" regarding the listing of group homes in our definitions section and the listing of group homes for less than 8 elderly in the residential and commercial and industrial use charts. Planning Commission originally held a public hearing on April 17, 2003, where they made a recommendation of approval. However, based on issues brought up at the meeting, Staff realized there were other items needing consideration. Because of this, the original ordinance was never forwarded to City Council. Planning Commission reviewed the revised legislation at a public hearing held on June 5, 2003. The case was continued until June 19, 2003 for action. COMMISSION/BOARD RECOMMENDATION: Planning Commission will be making a recommendation to City Council regarding this legislation at their June 19, 2003, meeting. STATEMENT OF THE ISSUES: There are no other issues. ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: There will be no financial impact as a result of the new legislation. RECOMMENDED MOTION: "I move to approve Council Bill No. , Case No. ZOA-03-05, an ordinance amending portions of Chapter 26 of the at Ridge Code of Laws concerning "family foster homes" and "residential group homes", on first reading, ordered published, public hearing set for July 14, 2003, at 7:00 P.M. in the City Council Chambers and that it take effect 15 days after adoption." or, "I move to table indefinitely Council Bill No. , Case No. ZOA-03-05, an ordinance amending portions of Chapter 26 of the Wheat Ridge Code of Laws concerning "family foster homes" and "residential group homes", with the following findings: 1. 2." Initiated by: City Attorney's Office Report Prepared by: Meredith Reckert (303) 235-2848 Reviewed by: Alan White (303) 235-2844 Attachments: 1. Planning Commission report - April 17, 2003 2. Planning Commission report (includes Council Bill No. ) -June 5, 2003 City of Wheat Ridge of "HEATS Community Development Department ° ~o~oRAOa. Memorandum (4 TO: Planning Commission FROM: k1 eredith Reckert SUBJECT: ZOA-03-05/Foster Family Definition DATE: April 3, 2003 Attached is the city attorney's recommended change to the definition of "family foster home" in Section 26-123. Definitions. of the Code of Laws. The current code definition limits the number of children unrelated to the caretaker to four. The proposed amendment removes that limitation. RECOMMENDED MOTION: "I move that Case No. ZOA-03-05, a proposed amendment to Section 26-123. Definitions of the Wheat Ridge Code of Laws amending the definition of "family foster home", be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It will remove the limitation of four children not related to the caretaker in a family foster home. 2. The amendment is consistent with recent action by the Colorado Supreme court." ATTACHMENT I GORSUCH KIRGIS LLP ATTORNEYS AT LAW TOWER 1. SUITE 1000 11515 ARAPAHOE STREET DENVER, COLORADO 50202 TELEPHONE (303) 376-5000 I FACSIMILE (303) 376-5001 CARMEN N. BEERY DIRECT DIAL: (303) 376-5064 February 13, 2003 email: cbeery@gorsuch.com Via Courier Alan White, Director of Community Development City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Re: Ordinance and cover memorandum: foster home changes Dear Alan: Enclosed are the following: (1) an ordinance amending the definition of "family foster home" for zoning purposes, in light of the recent Colorado Supreme Court Ibarra decision; and (2) a council cover sheet for the same. Please review the enclosed. If they meet your approval, we think they are ready to be scheduled before the Planning Commission. Certainly feel free to call if you have any questions. Sincerely, GORSUCH KIRGIS LLP cc: Gerald E. Dahl Enclosures CNB\53027\434716 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING THE DEFINITION OF "FAMILY FOSTER HOME" PROVIDED BY SECTION 26-123 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO. WHEREAS, on January 13, 2003, the Colorado Supreme Court issued its decision in City of Northalenn v. Ibarra, concerning a challenge to a municipal zoning ordinance; and WHEREAS, as part of this decision, the Colorado Supreme Court determined that the placement of foster children in state-approved foster homes is a matter of a statewide concern; and WHEREAS, in light of the Ibarra decision, the City Council desires to amend the definition of "family foster home" provided by Section 26-123 of the Code of Laws of the City of Wheat Ridge ("Code of Laws") to remove the current limitation on the number of unrelated foster children who may be part of one foster home for zoning purposes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The definition of "family foster home" provided by Section 26- 123 of the Code of Laws is amended as follows: Famf/y foster home. A residential facility which provides twenty-four- hour care for up to few (4) children not related to the caretaker. The ages of such children may not exceed eighteen (18) years old; provided, however, that those children placed in a home or in the custody or jurisdiction of the department of social services shall be considered a child under this definition until age twenty-one (21) years old. 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 CNB\53027\433617 1 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 immediately upon final adoption, as authorized by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2003, 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 , 2003, 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 2003. SIGNED by the Mayor on this day of , 2003. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: Approved As To Form Gerald E. Dahl, City Attorney CNB\53027\433617 2 City of Wheat Ridge ;oF WHEgTP Community Development Department Memorandum C~~OR P~~ TO: Planning Commission FROM: eMeredith Reckert SUBJECT: ZOA-03-05/Family Foster Homes DATE: May 28, 2003 On April 17, 2003, Planning Commission held a public hearing for a proposed ordinance amendment related to the city's definition of "Family Foster Home". The proposed legislation was recommended for approval by Planning Commission, however, there were issues brought up regarding group homes for children that staff thought needed further consideration. Attached as Exhibit `1' which are a copy of the minutes from the Commission's April 2003 meeting. Attached as Exhibit `2' is a memorandum from the City Attorney's office describing the proposed changes. Exhibit `3' is the revised legislation in ordinance form. Exhibits `4' and `5' are similar ordinances adopted by the cities of Arvada and Lakewood, respectively. The intent of the proposed changes is to comply with the Ibarra decision and distinguish between "Family Foster Homes" and "Group Homes for Children". Staff also took the opportunity for "housekeeping" regarding the listing of group homes in our definitions section and the listing of group homes for less than 8 elderly in the residential and commercial and industrial use charts. RECOMMENDED MOTION: "I move that Case No. ZOA-03-05, a proposed ordinance amending portions of Chapter 26 of the Code of Laws concerning "Family Foster Homes" and "Residential Group Homes", be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. The proposed amendment is consistent with recent action by the Colorado Supreme Court. 2. It distinguishes between "Family Foster Homes" and "Group Homes for Children". 3. It clarifies the permitted occupancy of "Group Homes for the Elderly" in the residential and commercial/industrial use charts." ATTACHMENT 2 6. PUBLIC FORUM There were none present to address the Commission during this portion of the meeting. 7. PUBLIC HEARINGS A. Case No. MS-02-04: An application filed by Daniel and Diane Brauer for approval of a two-lot minor subdivision plat including a 6-foot variance to the 75-foot lot width requirement in the R-2 zone district, resulting in a lot width of 69 feet on property zoned Commercial-One, Residential-Two and Residential-Tbree and located at 6375 West 44"' Avenue. Due to an error in the public notice, this case could not be heard and staff recommended continuation to Thursday, May 1, 2003. It was moved by Commissioner BERRY and seconded by Commissioner DAVIS to move Case No. MS-02-04 to the Planning Commission meeting of May 1, 2003. The motion passed 7-0 with Commissioner PLUMMER absent. B. Case No. ZOA-03-05: An ordinance amending Section 26-123 of the Wheat Ridge Code of Laws concerning the definition of "Family Foster Home." Alan White presented this case. He stated that all notification requirements had been met and therefore the Commission had jurisdiction to hear the case. A recent Colorado Supreme Court ruling found that the number of children housed in a foster home cannot be limited. Therefore, it is necessary to amend the City Code to remove the limitation of four children not related to the caretaker in a family foster home. It was moved by Commissioner WEISZ and seconded by Commissioner DAVIS that Case No. ZOA-03-05, an ordinance amending Section 26-123 of the Wheat Ridge Code of Laws concerning the definition of "Family Foster Home", be forwarded to City Council with a recommendation for approval for the following reasons: 1. It will remove the limitation of four children not related to the caretaker in a family foster home. 2. The amendment is consistent with recent action by the Colorado Supreme Court. The motion passed 7-0 with Commissioner PLUMMER absent. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS A. Study Session regarding membrane structures, setbacks, etc. At City Council's direction, staff was directed to look at the issue of membrane structures, building heights, setbacks and number of buildings allowed in residential zone districts. Planning Commission Page 2 4-17-03 EXHIBIT 1 GORSUCH KIRGIS LLP ATTORNEYS AT LAW MEMORANDUM TO: Alan White Meredith Reckert Mary Austin FROM: Gerald E. Dahl Carmen Beery DATE: May 13, 2003 RE: Revised "Family Foster Home" ordinance Attached to this memorandum is a family foster home ordinance revised in light of our May 5th meeting. Please review and route any comments and suggestions to me. We are happy to meet again to discuss this new draft at your convenience. The purpose of this memorandum is to highlight the changes made and provide the results of our investigation into what other communities are doing in response to Ibarra. Summary of ordinance revisions: Sec. 1. Definition of Family Foster Home was amended to mirror language of the Ibarra decision. Sec. 2. Deleted "up to" 24-hour care language in the group home for children definition and corrected the internal cite to Code Section 26-312. The sex offender exception was not deleted from this definition. Ibarra's holding is specifically limited to foster homes: "We consider the validity of Ordinance 1248 only as it applies to foster families. We do not address issues related to its validity when applied to registered sex offenders who are not placed by the state as foster children in foster homes." FN 7, Ibarra. As the City defines "group homes for children," such facilities are what the state and county refer to as "residential child care facilities" or "specialized group facilities." Such facilities are differentiated from foster homes by definition and by licensing, training and operational requirements. See, State Department of Human Services Rules for Child Care Facility Licensing, 12 C.C.R. 2509-8. Because Ibarra limits its application to foster homes, the City is not required to amend its group home definitions. As our research into what other communities are doing reveals, this is the predominant view. CNB\53027\442399 EXHIBIT 2 • Sec. 3. Adds Group home, residential definition to section 26-123. Secs. 4 & 5. Unifies references to elderly group homes in Use Tables. Other municipalities We located only two communities that have taken formal action in response to the Ibarra decision: Lakewood and Arvada. Copies of their respective ordinances are attached for your reference. We address them briefly below: ARVADA: Like Wheat Ridge, Arvada specifically defines Foster Homes in its zoning code. Foster homes are a subset of "Family." The one sex offender per "family" language is retained, but an exception is added for registered sex offender foster children, as required by Ibarra. We note that the Arvada ordinance does not provide an "Ibarra exception" to the general limitation of four foster children per home. We do not recommend this approach. The Colorado Supreme Court was clear that the state's interest in placing the affected foster children "is sufficiently dominant to override a home-rule city's interest in regulating the number of registered juvenile sex offenders who may live in one foster care family." LAKEWOOD: Lakewood does not separately define foster families. Foster families are an implicit subset of "households." The ordinance therefore amends the definition of "household" to provide that the one sex offender per household limitation does not apply to "children who have been placed in foster care, as defined by the Colorado Revised Statutes." CNB\53027\441864.01 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING PORTIONS OF CHAPTER 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING "FAMILY FOSTER HOMES" AND "RESIDENTIAL GROUP HOMES." WHEREAS, on January 13, 2003, the Colorado Supreme Court issued its decision in City of Northglenn v. Ibarra, concerning a challenge to a municipal zoning ordinance; and WHEREAS, as part of this decision, the Colorado Supreme Court determined that the placement of adjudicated delinquent children required to register as sex offenders in state-created foster care families is a matter of statewide concern; and WHEREAS, in light of the Ibarra decision, the City Council desires to make certain amendments to the definition of "family foster home" provided by Section 26-123 of the Code of Laws of the City of Wheat Ridge ("Code of Laws") and to make certain non-substantive housekeeping amendments to Chapter 26 provisions concerning "residential group homes." NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The definition of "family foster home" provided by Section 26- 123 of the Code of Laws is amended as follows: Family foster home. A residential facility CERTIFIED OR LICENSED AS A FAMILY FOSTER CARE HOME which provides twenty-four-hour care for up to four (4) children not related to the caretaker. The ages of such children may not exceed eighteen (18) years old; provided, however, that those children placed in a home or in the custody or jurisdiction of the department of social services shall be considered a child under this definition until age twenty-one (21) years old. THE LIMITATION ON THE NUMBER OF CHILDREN UNRELATED TO THE CARETAKER WHO MAY RESIDE IN A FOSTER HOME SHALL NOT APPLY TO JUVENILES WHO HAVE BEEN ADJUDICATED DELINQUENT OR HAVE RECEIVED A DEFERRED ADJUDICATION AND, AS A RESULT, ARE REQUIRED TO REGISTER AS SEX OFFENDERS PURSUANT TO SECTION 18-3-412.5, COLORADO CNB\53027\433617.02 1 EXHIBIT 3 REVISED STATUTES, AS AMENDED, AND WHOM THE STATE OR ITS AGENT HAS PLACED IN STATE-CREATED FOSTER CARE FAMILIES. Section 2. Paragraph (a) of the definition of "residential group homes" provided by Section 26-123 of the Code of Laws is amended as follows: (a) Group home for children: A residential facility for five (5) or more children which is licensed by the Jefferson County Department of Human Services for the purpose of providing up !e 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 remain 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 children do not include facilities for the placement of children operated directly by the Division of Youth Corrections of the Colorado Department of Human Services, the Mental Health Division of the Colorado Department of Human Services, or the Alcohol and Drug Abuse Division of the Colorado Department of Public Health and Environment, even if licensed by Jefferson County Department of Human Services. See section 26 603612. A group home for children shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3-412.5, C.R.S., as amended. Section 3. Section 26-123 of the Code of Laws is amended by the addition of a new definition to be placed alphabetically within the list of definitions provided by said section and to read in its entirety as follows: Group home, residential. A residential facility for children, the elderly or persons unable to care for themselves that also meets the definition of a group home, congregate care home or nursing home provided under Residential group homes in this Section 26-123. Section 4. The following category of use under the "Uses" column of the Residential Table of Uses provided by Section 26-204 of the Code of Laws is amended as follows: Residential group homes, nursing homes, of AND congregate care faeility FACILITIES for 6-8 OR FEWER elderly persons Section 5. The following category of use under the "Uses" column of the Commercial and Industrial Districts Table of Uses provided by Section 26-204 of the Code of Laws is amended as follows: CNB\53027\433617.02 2 Residential group and nursing homes and congregate care facilities for 64G 8 OR FEWER elderly persons Section 6. 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 7. 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 8. Effective Date. This Ordinance shall take effect immediately upon final adoption, as authorized by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2003, 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 , 2003, 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 2003. SIGNED by the Mayor on this day of , 2003. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney CNB\53027\433617.02 3 First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: CNB\53027\433617.02 4 r~b3 THU 09:54 AM CO MUNICIPAL LEAGUE FAX NO, 3038608175 P. 02 COUNCIL BILL NO. 03- ORDINANCE NO. AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE, OF THE CITY OF ARVADA, COLORADO, BY AMENDING SECTION 10.3.133, FAMILY, OF ARTICLE 10, RULES FOR MEASUREMENT & DEFINITIONS BF, IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARVADA, COLORADO: Section 1. Article 10, Rules for Measurement & Definitions, of the Land Development Code of the City of Arvada, Colorado, is hereby amended by amending the definition of "Family," Section 10.3,133, to read as follows: 10.3.133 Family A. One or snore persons related by blood, marriage, or adoption, living togelhcr as a single household unit; or B. A group of not more than 5 persons not related by blood, marriage, or adoption, living together as a single household unit. C. A family foster home, licensed by the State of Colorado, or certified by the Jefferson County Department of human Services or Adams County Department of Social Services, or a state-licensed child placement agency, and having ri.o more than 4 foster children, shall also be considered a "family." D. Excepting any juvenile who has been adjudicated delinquent, or has received a deferred adjudication and, as a result, has been placed by the State of Colorado or its agent into a state-supervised foster care home, a "Family" shall not.inciuda more than one (1) person required to register as a sex offender pursuant to Section 18-3-412.5, Colorado Revised Statutes, as amended, unless related by blood,' marriage, or adoption. Section 2. This ordinance shall take effect fifteen (15) days after publication following final passage. INTRODUCED, RRAD, AND ORDERED PUBLISHED this _ day of , 2003. PASSEL), ADOPTED, AND APPROVED this day of I{en Fe111nan, Mayor - EXHIBIT 4 0-2003-9 AN ORDINANCE AMENDING SECTION 17-2-2(164) OF THE LAKEWOOD ZONING ORDINANCE RELATING TO THE DEFINITION OF HOUSEHOLD WHEREAS, the City of Lakewood adopted Ordinance 0-99-19 which amended the definition of Household to prohibit more than one registered sex offender from living in a household; and, WHEREAS, it is necessary to amend the definition of Household in order to include foster family members within the definition of immediate family, NOW, THEREFORE, BE IT ORDAINED By The City Council of The City of Lakewood, Colorado. That: SECTION 1. Subsection 17-2-2(164) A (4) (d) of the Lakewood Zoning Ordinance is amended to read as follows: (d) A household shall not include more than one individual who is required to register as a sex offender under the provisions of the Colorado Revised Statutes, § 18-3-412.5, as amended. This Subsection (d) shall not apply to a registered sex offender who is living with his immediate family. For purposes of this Subsection (d), immediate family is defined as a person; the person's spouse, the person's parent, the person's grandparent, the person's brother or sister of the whole or half blood, the person's child, the person's step-child or the person's child by adoption and shall include children who have been placed in foster care, as defined by the Colorado Revised Statutes. SECTION 2. Subsection 17-2-2(164) B (4) (d) of the Lakewood Zoning Ordinance is amended to read as follows: (d) A household shall not include more than one individual who is required to register as a sex offender under the provisions of the Colorado Revised Statutes, § 18-3-412.5, as amended. This Subsection (d) shall not apply to a registered sex offender who is living with his immediate family. For purposes of this Subsection (d), immediate family is defined as a person, the person's spouse, the person's parent, the person's grandparent, the person's brother or sister of the whole or half blood, the person's child, the person's step-child or the person's child by adoption and shall include children who have been placed in foster care, as defined by the Colorado Revised Statutes EXHIBIT 5 Ordinance 0-2003-9 Page 2 SECTION 3. This ordinance shall take effect forty-five (45) days after final publication. I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 24th day of March, 2003; published in full in the Lakewood Sentinel on the 27th, day of March, 2003; set for public hearing on the 14th day of April, 2003; read, finally passed and adopted by the City Council on the 14THday of April , 2003; and signed and approved by the Mayor on the 15th day of April, 2003. ATTEST: Margy G City Clerk Approved as to form: City Atto - -zo 6- 0 ephen A. Burkholder, Mayor f jj/ mey(/ t (t/, ~ Date -ee It was moved by Commissioner WEISZ and seconded by Commissioner PLUMMER to approve Case No. MS-03-03, a request for a two-lot subdivision located at 6900 West 38th Avenue, for the following reasons: 1. The plat meets requirements of a final plat. 2. All requirements of the R-3 zone district regulations have been met or exceeded. 3. With the following condition: The survey pins be shown on the plat prior to mylar recording. The motion passed 8-0. C. Case No ZOA-03-05 (continued from June 5,2003): An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning "Family Foster Homes" and "Residential Group Homes." Alan White stated that this matter was continued in order to have a member of the city attorney's office present to answer questions Carmen Beery of the city attorney's office, explained the Supreme Court's decision against the City of Northglenn which led to the need for the subject ordinance. The decision essentially tells municipalities they cannot tell the state, acting through the county division of social services, how many juvenile sex offenders can reside in one foster home. Wheat Ridge has an ordinance which limits the number of juveniles living in a foster home to four. She learned from Jeffco social services that the state, acting through the county of social services, generally puts no more than four children in a foster home with the exception of licensed foster homes known as receiving homes which can have more than four children for a period of time. Receiving homes keep children until a permanent foster home is found. Another exception to the limit of four children is when they do not want to separate siblings. The state requires different licensing procedures for foster homes versus group homes. The city's differentiation between the two is that foster homes can have up to four children and more than four children constitutes a group home. Alan White pointed out that group homes in Wheat Ridge are a special use and foster homes are permitted uses in all residential zone districts. In answer to a question from Commissioner WITT, Carmen stated that the courts and social services place children in foster homes or group homes based on many factors but tenure of a child in a foster home is not a determining factor. Commissioner BERRY asked if the city's family foster home definition was the same as the state's definition of family care home. Carmen replied that they were the same. Commissioner BERRY stated that she felt it was important that, since the state defines a family care home as planning Commission Page 4 June 19, 2003 being residential, the city's ordinance should also include the residential aspect in the definition of a family foster home. There was discussion about taking the number of children for each type of home out of the ordinance and inserting the state's definitions. Commissioner McMILLIN expressed concern that if the numbers are eliminated a foster home could grow to any size. In reply to a question from Commissioner DAVIS, Carmen stated that social services limits foster home children to four with exceptions mentioned early. Chair McNAMEE asked if anyone in the audience wished to address this matter. The following person responded. Don Peterson 9945 West 34th Drive Mr. Peterson was sworn in by Chair McNAMEE. He suggested that foster homes and group homes be defined as to purpose rather than numbers. This would coincide with the state definitions. He thought it would be a good idea to keep a limit on the number of children in foster homes and set a time limit when exceeding that number in receiving homes. Sex offenders should be limited to one per group home. Commissioner BERRY commented that the number of children a family may have or that a family may adopt cannot be regulated. The community concern seems to be with the number of juvenile sex offenders in a foster home rather than simply the number of children in a foster home It was moved by Commissioner BERRY and seconded by Commissioner STITES that the ordinance mirror the state regulations regarding the definitions of family care homes and group homes, keeping the regulation of allowing one sex offender per group home. Commissioner PLUMMER commented that it is highly unlikely there would be more than four children in a foster home because the agency which assigns children to foster homes has similar rules. Commissioner MCMILLIN didn't believe there was a correlation between the number of children a family may have or adopt and the number of unrelated children allowed in a foster home. He favored abiding by the court ruling but was opposed to removing the numerical restriction on non-sex offenders. The motion passed 6-2 with Commissioners McMILLIN and WEISZ voting no. 8. OLD BUSINESS Alan White reported that City Council approved the floodplain maps. In response to a question from Commissioner McMILLIN, Alan White reported that the Planning Commission Page June 19, 2003 City of Wheat Ridge ~OF WHEgrP Community Development Department Memorandum c~<ORA~~ TO: Planning Commission FROM: Alan White, Community Development Director 6N SUBJECT: Case No. ZOA 03-05, Definition of Family Foster Home DATE: June 11, 2003 This public hearing was continued from June 5`h. Please bring your materials from that meeting for this item. The City Attorney will be in attendance to answer your questions. 6. PUBLIC FORUM There were none present to address the Commission during this portion of the meeting. PUBLIC HEARINGS A. Case No. ZOA-03-05: An ordinance amending portions of Chapter 26 of the Code of Laws of the City of Wheat Ridge concerning Family Foster Homes and Residential VVV Group Homes. The case was presented by Alan White. He advised the Commission there was jurisdiction to hear the case and reviewed the staff report. Commissioner BERRY commented that the ordinance specifies the agency responsible for licensing group homes, but does not spell out the agencies responsible for licensing family foster homes and asked if the ordinance should include the licensing agencies for family foster homes. Alan White replied that the Commission could recommend approval with a condition that the city attorney review the matter to decide whether or not family foster home licensing agencies should be included in the ordinance. Commissioner MCMILLIN pointed out that Arvada's ordinance states family foster homes are licensed by the State of Colorado for the County Department Human Services. Commissioner BERRY asked if she understood correctly that the ordinance only removes the limitation of four children in a foster home if they are not juvenile sex offenders, but if the children are juvenile sex offenders, there can be more than four. Alan White replied that this was correct. Chair McNAMEE asked if any individuals were present who wished to address this matter. The following individual responded. Don Peterson 9945 West 34th Drive Mr. Peterson was sworn in by Chair McNAMEE. He expressed concern that the ordinance would remove restrictions on the number of children allowed in a foster home as long as they are registered sex offenders. He suggested that wording from the court decision regarding registered sex offenders should be included in the ordinance. He also suggested that the ordinance clarify the definitions of foster homes versus group homes. Commissioner McMILLIN asked if there were any other stipulations in the code that limits the number of registered sex offenders in a foster or group home. Alan White replied that there were no other limits, but the licensing agency should able to exercise control over the number. Commissioner McMILLIN expressed concern that since family foster homes are allowed in all residential zone districts and group homes for children are allowed only under the special use process, the ordinance would allow homes for registered sex offenders to bypass the special use process. He expressed his discomfort with voting for an ordinance without further review of the Colorado Supreme Court case that is making this requirement of the city. June 5, rage z Commissioner BERRY stated that she would be more comfortable if she understood the State's definitions of group homes and family foster homes. Commissioner WEISZ asked for clarification as to whether the Commission had to consider the group home definition at this time. Alan White replied that the court case in question only addresses family foster homes. Commissioner DAVIS commented that she felt family foster homes and group homes for children are interrelated due to the fact that the code states that five or more children constitute a group home. G~ It was moved by Commissioner McMILLIN and seconded by Commissioner DAVIS to continue Case No. ZOA-03-05 until June 19, 2003 when the city attorney will be available to provide further information to the Commission. The motion passed 8-0. B. Case No. ZOA-03-11: An ordinance amending Section 26-803 of the Wheat Ridge Code of Laws concerning Floodplain Control. The case was presented by Alan White. He advised the Commission there was jurisdiction to hear the case and reviewed the staff report. Commissioner BERRY expressed concern that the ordinance would adopt Lena Gulch and Lower Clear Creek floodplain plans from 1975 and 1981. People who were not in the floodplain at the time those plans were adopted could now find themselves in a floodplain. Alan White stated that the city has been enforcing the Lena Gulch and Lower Clear Creek plans all along and therefore the ordinance would simply formalize the practice the city has already been following. He stated that adoption of the revised FEMA flood insurance study and designations for Jefferson County must be completed by June 17, 2003 in order for the city to participate in the National Flood Insurance Program. Commissioner DAVIS commented that one comprehensive floodplain map should be advantageous to homeowners. Chair McNAMEE asked if any individuals were present who wished to address this matter. There was no response. It was moved by Commissioner DAVIS and seconded by Commissioner PLUMMER that Case No. ZOA-03-11, a proposed amendment to Section 26-803 of Article VIII, Floodplain Control, of the Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of approval for the following reasons: 1. The proposed legislation adopts the new study and flood insurance rate maps. 2. It will allow the City of Wheat Ridge to continue participating in the National Flood Insurance Program. Planning Commission June 5, 2003 City of Wheat Ridge OF wHEgTy Community Development Department m Memorandum ~~CpRA~O TO: Planning Commission FROM: Meredith Reckert SUBJECT: ZOA-03-05/Family Foster Homes DATE: May 28, 2003 On April 17, 2003, Planning Commission held a public hearing for a proposed ordinance amendment related to the city's definition of "Family Foster Home". The proposed legislation was recommended for approval by Planning Commission, however, there were issues brought up regarding group homes for children that staff thought needed further consideration. Attached as Exhibit `1' which are a copy of the minutes from the Commission's April 2003 meeting. Attached as Exhibit `2' is a memorandum from the City Attorney's office describing the proposed changes. Exhibit `3' is the revised legislation in ordinance form. Exhibits `4' and `5' are similar ordinances adopted by the cities of Arvada and Lakewood, respectively. The intent of the proposed changes is to comply with the Ibarra decision and distinguish between "Family Foster Homes" and "Group Homes for Children". Staff also took the opportunity for "housekeeping" regarding the listing of group homes in our definitions section and the listing of group homes for less than 8 elderly in the residential and commercial and industrial use charts. RECOMMENDED MOTION: "I move that Case No. ZOA-03-05, a proposed ordinance amending portions of Chapter 26 of the Code of Laws concerning "Family Foster Homes" and "Residential Group Homes", be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. The proposed amendment is consistent with recent action by the Colorado Supreme Court. 2. It distinguishes between "Family Foster Homes" and "Group Homes for Children". 3. It clarifies the permitted occupancy of "Group Homes for the Elderly" in the residential and commercial/industrial use charts." NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on June 5, 2003, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29 h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. ZOA-03-05: An ordinance amending portions of Chapter 26 of the Code of Laws of the City of Wheat Ridge concerning "Family Foster Homes" and "Residential Group Homes". Case No. ZOA-03-09: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to heights and setbacks for residential accessory structures and exceptions thereto. Case No. ZOA-03-10: An ordinance amending Section 26-103 of the Wheat Ridge Code of Laws concerning the submittal of applications subject to the site development review process. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: May 29, 2003 6. PUBLIC FORUM There were none present to address the Commission during this portion of the meeting. 7. PUBLIC HEARINGS A. Case No. MS-02-04: An application filed by Daniel and Diane Brauer for approval of a two-lot minor subdivision plat including a 6-foot variance to the 75-foot lot width requirement in the R-2 zone district, resulting in a lot width of 69 feet on property zoned Commercial-One, Residential-Two and Residential-Three and located at 6375 West 44s' Avenue. Due to an error in the public notice, this case could not be heard and staff recommended continuation to Thursday, May 1, 2003. It was moved by Commissioner BERRY and seconded by Commissioner DAVIS to move Case No. MS-02-04 to the Planning Commission meeting of May 1, 2003. The motion passed 7-0 with Commissioner PLUMMER absent. VB. Case No. ZOA-03-05: An ordinance amending Section 26-123 of the Wheat Ridge Code of Laws concerning the definition of "Family Foster Home." Alan White presented this case. He stated that all notification requirements had been met and therefore the Commission had jurisdiction to hear the case. A recent Colorado Supreme Court ruling found that the number of children housed in a foster home cannot be limited. Therefore, it is necessary to amend the City Code to remove the limitation of four children not related to the caretaker in a family foster home. It was moved by Commissioner WEISZ and seconded by Commissioner DAVIS that Case No. ZOA-03-05, an ordinance amending Section 26-123 of the Wheat Ridge Code of Laws concerning the definition of "Family Foster Home", be forwarded to City Council with a recommendation for approval for the following reasons: 1. It will remove the limitation of four children not related to the caretaker in a family foster home. 2. The amendment is consistent with recent action by the Colorado Supreme Court. The motion passed 7-0 with Commissioner PLUMMER absent. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS A. Study Session regarding membrane structures, setbacks, etc. At City Council's direction, staff was directed to look at the issue of membrane structures, building heights, setbacks and number of buildings allowed in residential zone districts. Planning Commission Page 2 4-17-03 City of Wheat Ridge ~oF WHEgTq Community Development Department m Memorandum Cp~~Rp~O TO: Planning Commission FROM: Meredith Reckert SUBJECT: ZOA-03-05/Foster Family Definition DATE: April 3, 2003 Attached is the city attorney's recommended change to the definition of "family foster home" in Section 26-123. Definitions. of the Code of Laws. The current code definition limits the number of children unrelated to the caretaker to four. The proposed amendment removes that limitation. RECOMMENDED MOTION: "I move that Case No. ZOA-03-05, a proposed amendment to Section 26-123. Definitions of the Wheat Ridge Code of Laws amending the definition of "family foster home", be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It will remove the limitation of four children not related to the caretaker in a family foster home. 2. The amendment is consistent with recent action by the Colorado Supreme court." NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on April 17, 2003, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. ZOA-03-05: An ordinance amending Section 26-123 of the Wheat Ridge Code of Laws concerning the definition of "Family Foster Home". Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: April 10, 2003 Case No.: JZOA0305 Quarter Section Map N App: Last Name: ICitywide Related Cases: App: First N ame: Case Histor y: Owne r: Last Name: Owner: First Nam e: App Addre ss: Review Body: City, State Z ip: App: Pho ne: APN: Owner Address: 2nd Revie w Body: City/State/Zip: 2nd Review Date Owner Phone: Decision-making Body Project Address: Appro val/Denial Date: Street Name : City/State, Zip: Reso/Ordinance No.: Case Disposition: Project Planner: Reckert File Lo cation: c-t-iv-e Not es: Ir~-- Follow- Up: I o.: 1 mend Section 26-123 concerning the definition of.. "Family Foster Home" . PC I CC CC Conditions of Approval: District: r- Date Rec eived: 2113/2003 Pre-App Date: Gotopage~'