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HomeMy WebLinkAboutZOA-03-12CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Mancineiii Council Bill No. 99_7007 Ordinance No. 1301 Series of 2003 TITLE: 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. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado; and WHEREAS, pursuant to this authority, the City previously adopted a comprehensive zoning code, codified as Chapter 26 of the Code of Laws of the City of Wheat Ridge ("Code of Laws"); and WHEREAS, said Chapter 26 does not differentiate between facilities for substance abuse clinics that do not dispense medication and those that do; and WHEREAS, the City Council finds and determines that such a differentiation is appropriate for zoning purposes given the different land use impacts of such facilities, including but not limited to the delivery, storage and disposal of medical supplies and controlled substances; the increased potential for crime such as theft and burglary with facilities that store controlled substances, and different traffic and parking impacts due to varying length of client visits for counseling appointments and drug or medication dispensation, and WHEREAS, the City Council desires to amend said Chapter 26 to address the location of substance abuse clinics that dispense medications and controlled substances separately from other clinics based solely on the different land use impacts of each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 26-123 of the Code of Laws is amended by the addition of the following definition: CNB\53027\443958 01 1 Substance abuse clinic. A clinic, office or other facility which exclusively provides outpatient treatment for substance abuse other than alcoholism, involving, in whole or in part, the dispensation of medication or other controlled substances as part of addiction therapy or management, excluding clinics operated in association with a medical practice for other purposes Section 2. The Table of Uses for Commercial and Industrial Districts provided by Section 26-204 of the Code of Laws is amended as follows- Uses Notes NC RC C-1 C-2 I Clinics and offices for the C-1, C-2 & I INCLUDE P P P P P counseling and treatment of Residential facilities. psychological, social, marital, developmental or similar NC & RC EXCLUDES conditions, EXCLUDING Residential facilities. SUBSTANCE ABUSE CLINICS ALL districts INCLUDE: Counseling and treatment for bstanGe abuse a-i+d alcoholism. Section 3. The Table of Uses for Commercial and Industrial Districts provided by Section 26-204 of the Code of Laws is amended by the addition of the following: Uses Notes NC RC C-1 C-2 I Substance abuse clinics S S P Section 4. The Table of Uses for Commercial and Industrial Districts provided by Section 26-204 of the Code of Laws is further amended as follows- Uses Notes NC RC C-1 C-2 I Medical and dental Pharmacies and P P P P P offices, clinics or optical stores are laboratories accessory uses EXCLUDING SUBSTANCE ABUSE CLINICS CNB\53027\443958 01 2 Section 5. Notwithstanding any provision of this Ordinance or any section of the Code of Laws to the contrary, any substance abuse clinic lawfully existing in a residential or commercial zone district on the effective date of this Ordinance shall not be required to relocate or obtain a special use permit and may continue to exist, in its present location only, as a lawful non-conforming use, subject to the requirements of Section 26-120 of the Code of Laws. 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 Revealed 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 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 14th day of July , 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 2a , 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 6 to 0 , this 28tVay of July , 2003. SIGNED by the Mayor on this 29th July , 2003. ATTEST: Wanda Sang, City ~OF VJHEgr~ic SEAL m co C'R~\ Cerveny, Mayor CNB\53027\443958 01 3 Approved As To Form Gerald E. ahl, ty itorni~ey First Publication: July 17. 2003 Second Publication: July 31, 2003 Wheat Ridge Transcript- Effective Date August 15, 2003 CNB\53027\443958 01 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 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. DiTullio to approve Council Bill 27-2003 (Ordinance 1302) on second reading; seconded by Mr. Edwards; carried 6-0. p4 WHEAT ITEM NO: V m REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 28, 2003 TITLE: 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 COMMERICAL AND INDUSTRICAL ZONE DISTRICTS. ® 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: The City's current zoning ordinance (Chapter 26 of the Code of Laws) does not explicitly regulate the location of clinics that exclusively provide outpatient treatment for substance abuse, including the dispensation of controlled substances. Such substance abuse clinics are currently treated the same for zoning purposes as clinics and offices providing marriage counseling, psychological therapy and treatment for alcoholism. To more adequately address the different land use impacts of different types of clinics, City Council directed the City Attorney's office to prepare an ordinance to permit the location of substance abuse clinics in all industrial zone districts and certain commercial zone districts. This ordinance designates substance abuse clinics as a permitted use in the I zone district and as a special use in the C-1 and C-2 districts. Such clinics will not be allowed to locate in any residential district or the NC and RC districts after the effective date of the ordinance. Existing clinics are grandfathered and may continue in their current locations. The ordinance also defines "substance abuse clinics" for inclusion into the definitions section of the code. COMMISSION/BOARD RECOMMENDATION: Planning Commission considered this ordinance at a public hearing on July 17, 2003 and recommended approval without amendments. STATEMENT OF THE ISSUES: Whether to create a new use classification for "substance abuse clinics" and, if so, where to permit clinics to locate. ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to approve Council Bill No. 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 on second reading." Or, "I move to table indefinitely Council Bill No. 29-2003 for the following reasons: 1. 2." Initiated by: City Council Report Prepared by: Gerald E. Dahl (303) 376-5019 Attachments: 1. Council Bill No. 29-2003 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: 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. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado; and WHEREAS, pursuant to this authority, the City previously adopted a comprehensive zoning code, codified as Chapter 26 of the Code of Laws of the City of Wheat Ridge ("Code of Laws"); and WHEREAS, said Chapter 26 does not differentiate between facilities for substance abuse clinics that do not dispense medication and those that do; and WHEREAS, the City Council finds and determines that such a differentiation is appropriate for zoning purposes given the different land use impacts of such facilities, including but not limited to the delivery, storage and disposal of medical supplies and controlled substances; the increased potential for crime such as theft and burglary with facilities that store controlled substances; and different traffic and parking impacts due to varying length of client visits for counseling appointments and drug or medication dispensation; and WHEREAS, the City Council desires to amend said Chapter 26 to address the location of substance abuse clinics that dispense medications and controlled substances separately from other clinics based solely on the different land use impacts of each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 26-123 of the Code of Laws is amended by the addition of the following definition: CNBWOM443958.01 ATTACHMENT 1 Substance abuse clinic. A clinic, office or other facility which exclusively provides outpatient treatment for substance abuse other than alcoholism, involving, in whole or in part, the dispensation of medication or other controlled substances as part of addiction therapy or management, excluding clinics operated in association with a medical practice for other purposes. Section 2. The Table of Uses for Commercial and Industrial Districts provided by Section 26-204 of the Code of Laws is amended as follows: Uses Notes NC RC C-1 C-2 I Clinics and offices for the C-1, C-2 & I INCLUDE: P P P P P counseling and treatment of Residential facilities. psychological, social, marital, developmental or similar NC & RC EXCLUDES: conditions, EXCLUDING Residential facilities. SUBSTANCE ABUSE CLINICS ALL districts INCLUDE: Counseling and treatment for substanGe abuse and alcoholism. Section 3. The Table of Uses for Commercial and Industrial Districts provided by Section 26-204 of the Code of Laws is amended by the addition of the following: Uses Notes NC RC C-1 C-2 I Substance abuse clinics S S P Section 4. The Table of Uses for Commercial and Industrial Districts provided by Section 26-204 of the Code of Laws is further amended as follows: Uses Notes NC RC C-1 C-2 I Medical and dental Pharmacies and P P P P P offices, clinics or optical stores are laboratories EXCLUDING accessory uses SUBSTANCE ABUSE CLINICS Section 5. Notwithstanding any provision of this Ordinance or any section of the Code of Laws to the contrary, any substance abuse clinic lawfully existing in a residential or commercial zone district on the effective date of this Ordinance shall not be required to relocate or obtain a special use permit and may continue to exist, in its CNB\53027443958.01 2 present location only, as a lawful non-conforming use, subject to the requirements of Section 26-120 of the Code of Laws. 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 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 , 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 12003. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney CNB\53027443958.01 3 First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: CNB\53027\443958.01 4 B. Case No. WS-02-01: An application filed by Melody Homes, Inc. for approval of a 38- lot subdivision plat for property located at 10285 Ridge Road. It was moved by Commissioner PLUMMER and seconded by Commissioner WEISZ to continue Case No. WS-02-01 to the meeting of August 7, 2003. The motion passed 6-0 with Commissioners DAVIS and McMILLIN absent. C. Case No. ZOA-03-12: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning zoning to provide for the location of substance abuse clinics within certain commercial and industrial zone districts. This case was presented by Alan White. He informed the Commission that there was jurisdiction to hear the case. In reply to a question from Commissioner McNAMEE, Mr. White stated that one such use exists at 44`' and Kendall. This use would be grandfathered. No members of the public indicated a desire to address this matter. It was moved by Commissioner WEISZ and seconded by Commissioner STITES to recommend approval of the proposed ordinance amending Chapter 26 concerning zoning to provide for the location of substance abuse clinics within certain commercial and industrial zone districts. The motion passed 6-0 with Commissioners DAVIS and McMILLIN absent. 8. OLD BUSINESS Alan White reported the following: • City Council approved the ordinance approving the permitting process through the Board of Adjustment to allow more than one non-operative vehicle. • City Council approved an ordinance allowing a governmental agency to process a land use application prior to owning the property. • Second reading of the substance abuse ordinance will occur on July 28, 2003. • A 38th Avenue Business District Association has been formed. The Association has established a matching grant program for merchants to upgrade signage, facades, etc. A change to Chapter 21 of the Wheat Ridge Code of Laws dealing with right-of-way permits was approved by City Council on first reading. • The family foster home ordinance is scheduled for second reading on July 28, 2003. • The Family Dollar application was approved by City Council. • The city and Caruso Kitchens are in disagreement about the number of trees to be planted. • If the gas station on the northeast corner of 38`h & Kipling does not meet the deadline for the city's requirement to replace trees which were removed, court action will be initiated. Planning Commission Page 4 July 17, 2003 City of Wheat Ridge ~oF ""EqT P Community Development Department m Memorandum Cp~ORA~O TO: Planning Commission FROM: Alan White, Community Development Director " SUBJECT: Case NO. ZOA 03-12, Substance Abuse Clinics DATE: July 11, 2003 Attached is an ordinance amending Section 26-123, the Table of Uses, for Commercial and Industrial zone districts. The ordinance separates clinics and offices providing for substance abuse treatment and counseling from other types of clinics and makes substance abuse clinics subject to the special use process. Other clinics remain as permitted uses as currently provided in the code. The ordinance also creates a definition of substance abuse clinic for inclusion into the code. Under the new special use process, the location of a clinic may be approved administratively, unless an objection from neighboring landowners is received or the applicant wishes to appeal a condition of approval. In such instances, the special use must be approved by City Council at a public hearing. This ordinance was requested by City Council. A motion for a recommendation to City Council is requested. Suggested Motion: "I move to recommend approval of the proposed ordinance amending Chapter 26 concerning zoning to provide for the location of substance abuse clinics within certain commercial and industrial zone districts." CAProjectsVoning amendments\Substance Abuse Clinics\PC memo.doc CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: 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 WTIHIN CERTAIN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado; and WHEREAS, pursuant to this authority, the City previously adopted a comprehensive zoning code, codified as Chapter 26 of the Code of Laws of the City of Wheat Ridge ("Code of Laws"); and WHEREAS, said Chapter 26 does not differentiate between facilities for substance abuse clinics that do not dispense medication and those that do; and WHEREAS, the City Council finds and determines that such a differentiation is appropriate for zoning purposes given the different land use impacts of such facilities, including but not limited to the delivery, storage and disposal of medical supplies and controlled substances; the increased potential for crime such as theft and burglary with facilities that store controlled substances; and different traffic and parking impacts due to varying length of client visits for counseling appointments and drug or medication dispensation; and WHEREAS, the City Council desires to amend said Chapter 26 to address the location of substance abuse clinics that dispense medications and controlled substances separately from other clinics based solely on the different land use impacts of each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: CNB\53027\443958.01 1 Section 1. Subsection 26-123 of the Code of Laws is amended by the addition of the following definition: Substance abuse clinic. A clinic, office or other facility which exclusively provides outpatient treatment for substance abuse other than alcoholism, involving, in whole or in part, the dispensation of medication or other controlled substances as part of addiction therapy or management, excluding clinics operated in association with a medical practice for other purposes. Section 2. The Table of Uses for Commercial and Industrial Districts provided by Section 26-204 of the Code of Laws is amended as follows: Uses Notes NC RC C-1 C-2 I Clinics and offices for the C-1, C-2 & I INCLUDE: P P P P P counseling and treatment of Residential facilities. psychological, social, marital, developmental or similar NC & RC EXCLUDES: conditions, EXCLUDING Residential facilities. SUBSTANCE ABUSE CLINICS ALL districts INCLUDE: Counseling and treatment for 61 - 1111*RRO^ -19,,.., F;d alcoholism. Section 3. The Table of Uses for Commercial and Industrial Districts provided by Section 26-204 of the Code of Laws is amended by the addition of the following: Uses Notes NC RC C-1 C-2 I Substance abuse clinics S S P Section 4. The Table of Uses for Commercial and Industrial Districts provided by Section 26-204 of the Code of Laws is further amended as follows: Uses Notes NC RC C-1 C-2 I Medical and dental Pharmacies and P P P P P offices, clinics or optical stores are laboratories accessory uses EXCLUDING SUBSTANCE ABUSE CNB\53027\443958.01 2 CLINICS Section 5. Notwithstanding any provision of this Ordinance or any section of the Code of Laws to the contrary, any substance abuse clinic lawfully existing in a residential or commercial zone district on the effective date of this Ordinance shall not be required to relocate or obtain a special use permit and may continue to exist, in its present location only, as a lawful non-conforming use, subject to the requirements of Section 26-120 of the Code of Laws. 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 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 , 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 CNB\53027\443958.01 3 ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: CN8\53027\443958.01 4 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 July 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-03-12: An ordinance amending Chapter 26 of the Wheat Ridge 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. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: July 10, 2003 GORSUCH KIRGIS LLP ATTORNEYS AT LAW TOWER SUITE 1000 1 1515 ARAPAHOE STREET I DENVER, COLORADO 80202 I TELEPHONE (303) 376-5000 1 FACSIMILE (303) 376-5001 CARMEN N. BEERY DIRECT DIAL: (303) 376-5064 email: cbeery@gorsuch.com June 16, 2003 Alan White, Director of Community Development City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Re: Substance abuse clinic ordinance & Request for Council Action Dear Alan: Enclosed are: (1) the substance abuse clinic ordinance; and (2) Request for Council Action sheet for the same. If they meet your approval, we believe they are ready to be carried forward. As always, feel free to call me if you need anything further. Sincerely, GORSUCH KIRGIS LLP ar n e' cc: Gerald E. Dahl Encl. CNB\53027\445434 of wNegr ITEM NO: ~~C ORPO~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: TITLE: 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. ❑ PUBLIC HEAR RUNG M ORDINANCES FOR 1 ST READING (Date: ) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No a~2 _z CityAttorney EXECUTIVE SUMMARY: City Manager The City's current zoning ordinance (Chapter 26 of the Code of Laws) does not explicitly regulate the location of clinics that exclusively provide outpatient treatment for substance abuse, including the dispensation of controlled substances. Such substance abuse clinics are currently treated the same for zoning purposes as clinics and offices providing marriage counseling, psychological therapy and treatment for alcoholism. To more adequately address the different land use impacts of different types of clinics, City Council directed the City Attorney's office to prepare an ordinance to permit the location of substance abuse clinics in all industrial zone districts and certain commercial zone districts. This ordinance designates substance abuse clinics as a permitted use in the I zone district and as a special use in the C-1 and C-2 districts. Such clinics will not be allowed to locate in any residential district or the NC and RC districts after the effective date of the ordinance. Existing clinics are grandfathered and may continue in their current locations. COMMISSION/BOARD RECOMMENDATION: N/A. Planning Commission will consider the ordinance after first reading. STATEMENT OF THE ISSUES: Whether to create a new use classification for "substance abuse clinics" and, if so, where to permit such clinics to locate. ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: N/A RECOMMENDED MOTION: " I move that Council Bill No. , 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, be approved 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 2003." Report Prepared by: Gerald E. Dahl (303) 376-5119 Reviewed by: Attachments: 1. Ordinance cc: Request for City Council Action-report form GORSUCH KIRGIS LLP ATTORNEYS AT LAW TOWER 1, SUITE 1000 1 1515 ARAPAHOE STREET I DENVER, COLORADO 80202 I TELEPHONE (303) 376-5000 1 FACSIMILE (303) 376-5001 CARMEN N. BEERY DIRECT DIAL: (303) 376-5064 June 9, 2003 Alan White, Director of Community Development City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Re: Substance abuse clinic ordinance Dear Alan: An, Enclosed is a first draft of the substance abuse clinic ordinance. Please review and route your comments back to me. As always, we are happy to meet with you if you think it would be beneficial Sincerely, GORSUCH KIRGIS LLP armen Be cc: Gerald E. Dahl Encl. CNB\53027T444728 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: 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 WTIHIN CERTAIN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS. WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado; and WHEREAS, pursuant to this authority, the City previously adopted a comprehensive zoning code, codified as Chapter 26 of the Code of Laws of the City of Wheat Ridge ("Code of Laws"); and WHEREAS, said Chapter 26 does not differentiate between facilities for substance abuse rehabilitation that do not dispense medication and those that do; and WHEREAS, the City Council finds and determines that such a differentiation is appropriate for zoning purposes given the different land use impacts of such facilities, including but not limited to the delivery, storage and disposal of medical supplies and controlled substances; the increased potential for crime such as theft and burglary with facilities that store controlled substances; and different traffic and parking impacts due to varying length of client visits for counseling appointments and drug or medication dispensation; and WHEREAS, the City Council desires to amend said Chapter 26 to address the location of substance abuse clinics that dispense medications and controlled substances separately from other clinics based solely on the different land use impacts of each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: CNB\53027\443958.01 1 Section 1. Subsection 26-123 of the Code of Laws is amended by the addition of the following definition: Substance abuse clinic. A clinic, office or other facility which exclusively provides outpatient treatment for substance abuse other than alcoholism, involving, in whole or in part, the dispensation of medication or other controlled substances as part of addiction therapy or management, excluding clinics operated in association with a medical practice for other purposes. Section 2. The Table of Uses for Commercial and Industrial Districts provided by Section 26-204 of the Code of Laws is amended as follows: Uses Notes NC RC C-1 C-2 I Clinics and offices for the C-1, C-2 & I INCLUDE: P P P P P counseling and treatment of Residential facilities. psychological, social, marital, developmental or similar NC & RC EXCLUDES: conditions, EXCLUDING Residential facilities. SUBSTANCE ABUSE CLINICS ALL districts INCLUDE: Counseling and treatment for GW96taRee abuse Rd alcoholism. Section 3. The Table of Uses for Commercial and Industrial Districts provided by Section 26-204 of the Code of Laws is amended by the addition of the following: Uses Notes NC RC C-1 C-2 I Substance abuse clinics S S P Section 4. The Table of Uses for Commercial and Industrial Districts provided by Section 26-204 of the Code of Laws is further amended as follows: Uses Notes NC RC C-1 C-2 I Medical and dental Pharmacies and P P P P P offices, clinics or optical stores are laboratories accessory uses EXCLUDING SUBSTANCE ABUSE CNB\53027\443958.01 2 CLINICS Section 5. Notwithstanding any provision of this Ordinance or any section of the Code of Laws to the contrary, any substance abuse clinic lawfully existing in a residential or commercial zone district on the effective date of this Ordinance shall not be required to relocate or obtain a special use permit and may continue to exist, in its present location only, as a lawful non-conforming use, subject to the requirements of Section 26-120 of the Code of Laws. 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 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 , 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 CNB\53027\443958.01 3 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\443958.01 4 Case No.: App: Last Name: App: First N ame: Owne r: Last Name: Owner: First Nam e: App Addre ss: City, State Z ip: App: Pho ne: Owner Address: City/St ate/Zip: Owner Phone: Project Address: Street Name : City/State, Zip: Case Disposition: Project Planner: File Lo cation: Not es: Follow- Up: _ OA0312 Quarter Section Map N ity Related Cases: I Case Histor y: 1. I Review Body: APN: 2nd Revie w Body: 2nd Review Date t Decision-making Body I. Appro val/Denial Date: Re so/Ordinance No.: ~Vhite ctive r Km-end Chapter 26 oncerning substance buse clinics PC - 7117103_ CC CC I Conditions of Approval: District: Date Rec eived: /1312003 Pre-App Date: 1 poto-PageI, .