Loading...
HomeMy WebLinkAbout01-16-201. 2. 0 4. 5 6. Gly of ]�rWh6atR�id ge PLANNING COMMISSION Minutes of Meeting January 16, 2020 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present Commission Members Absent Staff Members Present: PLEDGE OF ALLEGIANCE Melissa Antol Will Kerns Daniel Larson Janet Leo Scott Ohm Richard Peterson Jahi Simbai Vivian Vos None Lauren Mikulak, Planning Manager Gerald Dahl, City Attorney Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA. It was moved by Commissioner PETERSON and seconded by Commissioner LEO to approve the order of the agenda as amended. Motion carried 8-0. APPROVAL OF MINUTES — December 19, 2019 It was moved by Commissioner VOS and seconded by Commissioner ANTOL to approve the minutes of December 19, 2019, as written. Motion carried 7-0-1 with Commissioner PETERSON abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes January 16, 2020 —1— No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. ZOA-20-01: an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning residential group home and substance abuse clinic zoning requirements. Ms. Mikulak and Mr. Dahl gave a short presentation on the ordinance regarding residential group homes and substance abuse clinics. Commissioner KERNS asked if there will be parking and separation restrictions on group homes. Ms. Mikulak mentioned there the idea of group homes stems from a federal policy shift in the 1960s to deinstitutionalize care, so there are going to be separation requirements in residential zone districts. She added that depending on the size of the group home the separation distance will be 750 ft. or 1500 ft. In response to a questions from Commissioner KERNS, staff confirmed that the limitation on sex offenders allowed in a group home is related to State law. Commissioner LEO asked if 8 unrelated people, who are not disabled, can rent one home. Mr. Dahl said it is not allowed because the City allows no more than 3 unrelated people to live in a house. Commissioner LEO asked how a group home for the disabled will be regulated—if they need to apply or simply notify the City. Mr. Dahl clarified that a group home for disabled persons is a use by right, they will not apply for a business license, and they will complete a self -certification form to be submitted to the City. In response to a question from Commissioner LEO, staff confirmed there is no term limit for each resident in the home. In response to a question from Commissioner VOS, Mr. Dahl clarified the reasonable accommodate process that applies to group homes for disabled persons. Commissioner VOS then asked if there is any citizen's right to protest a group home. Mr. Dahl answered no for any group home up to 8 people which is a permitted use. He mentioned that if there is 9 or more people than the group home will follow the Special Use process. Planning Commission Minutes –2– January 2– January 16, 2020 Commissioner VOS asked how a group home for the disabled gets started. Mr. Dahl said it usually is a company that will help people organize themselves or place them in a home. Commissioner VOS then asked if a citizen in the neighborhood can inquire about the possibility of a home being a group home. Ms. Mikulak said that the City is already getting inquires about group homes. Staff can confirm if a group home is operating and explain if they are protected under the Federal Fair Housing law. Commissioner LARSON asked about inquires made to the City regarding group homes and if there have ever been any violations. Also, he wanted to know why this ordinance is being drafted now. Mr. Dahl and Ms. Mikulak addressed the question. The City has not been violating state or federal laws, but the number of inquiries related to group homes from citizens and councilmembers has increased based on the recent establishment of several new group homes. The current code does not regulate larger group homes. The ordinance responds to recent concerns from citizens and councilmembers. Ms. Mikulak explained the process by which group homes are licensed and the process by which the City communicates with operators of group homes who may not be licensed. Commissioner LARSON then asked if existing group homes will have to come into compliance with the proposed code changes. Mr. Dahl said yes and Section 14 of the ordinances give an explanation of when existing group homes would need to come into compliance. Commissioner LARSON asked if the residents in the group home will be listed in the application. Mr. Dahl responded no, only the number of people in the group home will be listed. Commissioner ANTOL asked if the City knows how many group homes are in the City. Ms. Mikulak said the City does not know that information. Commissioner ANTOL then inquired if a substance abuse clinic can be a group home and asked about the difference between the two. Planning Commission Minutes —3— January 3— January 16, 2020 Ms. Mikulak said no, a substance abuse clinic is a commercial operation and is defined separately in the zoning code from a group home. She explained that the clinic has a treatment focus and group home may have staff but has a residential focus where they don't get treatment. Commissioner ANTOL asked if there is a potential to limiting group homes in the City of Wheat Ridge. Mr. Dahl explained there are separation requirements which will be a limiting factor and ensures some dispersal. A group home for 9 or more people requires a Special Use Permit through which you can review impacts and concentration. Federal law does not support limiting group homes. Commissioner ANTOL asked why a group home for disabled persons does not operate like a business and have a business license and asked about other potential impacts. Mr. Dahl explained that a business license would then be treating the group home differently than a single family home which is prohibited by federal law. Business licenses are required for other group homes (for children and the elderly). Ms. Mikulak added that the same rules apply to code enforcement as a regular home does, such as noise, nuisance, and trash. Commissioner SIMBAI asked about Section 2 of the ordinance and the licenses a group home obtains. Ms. Mikulak said a group home in categories a, b, c and d (group homes for children, the elderly, congregate care facilities, and nursing homes) do have to obtain a local business license and also have a license through the State of Colorado. Commissioner SIMBAI asked for an explanation of Section B on page 7 regarding the self -certification. Mr. Dahl said all group homes will have to file a report with the City of Wheat Ridge. As part of that, any applicable state or county license would need to be provided; although the City might not require a license for group homes for the disabled the State might require one which could then be provided. Ms. Mikulak also explained the Business License process. Mr. Dahl also explained that staff recommends that the semi-annual certification be applied to all types of group homes. Commissioner PETERSON asked about the definition of family suggested that it may be antiquated. Planning Commission Minutes —4— January 4— January 16, 2020 There was some discussion about the definition of "family" and Mr. Dahl explained that the definition of family should be addressed separately with City Council since the issue is not related to the purpose of the group home ordinance. Commissioner PETERSON asked why 4 or more people over the age of 60 can live together. Mr. Dahl explained that the City has historically chosen to be more lenient with occupancy limitations for the elderly. Commissioner OHM mentioned that a person in recovery can be in recovery for life and wondered how that may relate to the ordinance. A person in recovery is considered disabled, and Mr. Dahl acknowledged that would mean they are in a protected class for life. While rare, that would mean they could choose to live in a group home setting for life, a protection afforded by federal law. Commissioner OHM asked if horizontal separation laws are similar to marijuana laws with regards to outside the city limits. Ms. Mikulak said no. All separation requirements in Chapter 26 are assessed only against land uses within the City, unless expressly written otherwise such as with marijuana. Commissioner LARSON wanted clarification if HOA communities are subject to the same federal regulations regarding group homes. Mr. Dahl explained that an HOA can create private covenants that the City or government do not enforce. HOAs cannot violate federal fair housing laws. The provisions of federal law discussed as part of the group ordinance apply specifically to municipalities, but there may be other provisions that apply to HOAs. It was moved by Commissioner SIMBAI and seconded by Commissioner LEO to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning residential group home and substance abuse clinic zoning requirements with the following amendment to the ordinance: 1. That a semi-annual certification be applied to all types of group homes. Motion carried 8-0. 8. OLD BUSINESS A. Commissioner LARSON asked for information on Wheat Ridge Speaks. Planning Commission Minutes —5— January 5— January 16, 2020 Ms. Mikulak mentioned that decision makers will receive an email on Friday, January 17 when Wheat Ridge Speaks goes live. The email will include a login, password and guide book. She also mentioned that the first case will be populated on January 24. 9. NEW BUSINESS A. Resolution 1-2020 Ms. Mikulak gave a brief explanation about Resolution 1-2020 and the establishing of a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law. She said the posting place is in the City Hall Lobby and on the website. Commissioner VOS asked why the newspaper posting is not mentioned in this Resolution. Ms. Mikulak explained that a newspaper posting is required by City Code and this resolution is a minimal requirement associated with the state statute. It was moved by Commissioner Peterson and seconded by Commissioner Leo to APPROVE Resolution 1-2020. Motion carried 8-0. B. Commissioner VOS asked if the recommendation of approval for group homes will be passed as just the approval or if it will include the minutes from this meeting. Ms. Mikulak explained that the 1St reading at City Council only sets the Public Hearing date and does not include the minutes. The meeting packet for the 2°d reading will include the minutes. C. Ms. Mikulak mentioned that there will be cases to be heard at both February meetings; February 6th and 201H 10. ADJOURNMENT It was moved by Commissioner PETERSON and seconded by Commissioner LEO to adjourn the meeting at 8:56 p.m. Motion carried 8-0. i tr Planning Commission Minutes January 16, 2020 Tammy Ode ording Secretary —6—