The URL can be used to link to this page

Home My WebLink About01-16-20I City of WheatP,idge PLANNING COMMISSION AGENDA January 16, 2020 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on December 19, 2019 at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. *Agendapackets and minutes are available online athttp://www.ci.wheatridge.co.usl95/Plarming- Commission 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES — December 19, 2019 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 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. 8. OLD BUSINESS Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding Public Information Officer at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. I City of WheatP,idge 9. NEW BUSINESS 10. ADJOURNMENT "Public comment is welcome during any public hearing item. The standard procedure for a public hearing is as follows: a. Staff presentation b. Applicant presentation — if applicable c. Public comment — time may be limited at the discretion of the Chair d. Staff/applicant response e. Close public hearing f. Commission discussion and decision Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding Public Information Officer at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. 2. 3. 4. 5. 6. City of i�9r WheatMidge PLANNING COMMISSION Minutes of Meeting December 19, 2019 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Melissa Antol Will Kerns Daniel Larson Janet Leo Scott Ohm Jahi Simbai Vivian Vos Richard Peterson Staff Members Present: Lauren Mikulak, Planning Manager Mark Westberg, Engineering Project Supervisor Tammy Odean, Recording Secretary PLEDGE OF ALLEGIANCE APPROVE ORDER OF THE AGENDA It was moved by Commissioner SIMBAI and seconded by Commissioner VOS to approve the order of the agenda. Motion carried 7-0. APPROVAL OF MINUTES — October 17, 2019 It was moved by Commissioner LEO and seconded by Commissioner LARSON to approve the minutes of October 17, 2019, as written. Motion carried 7-0. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes December 19, 2019 -1— PUBLIC HEARING A. Case No. WZ-19-08: An application filed by Jefferson County for approval of initial zoning for the north half of 52°d Avenue between Ward Road and Tabor Street currently in unincorporated Jefferson County and Proposed to be annexed (case # ANX-19-01) by the City of Wheat Ridge. Ms. Mikulak gave a short presentation regarding the zoning and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner SIMBAI asked what the outcome would be with construction if Jeffco retained the roadway. Ms. Mikulak said the challenge is the different street standards and right-of-way permits and could make things complicated. Commissioner ANTOL wanted clarification on the zone change in the middle of the road and if this done only during an annexation case. Ms. Mikulak explained that the zoning generally goes into the center of the road and when land is annexed the zoning is not inherited and the City has 90 days by state law to assign it zoning. Commissioner LARSON inquired if the gaps that will not be going through the zone change. Ms. Mikulak mentioned that the 2 gaps belong to Arvada and the City will not be annexing those segments in part because Arvada has an Urban Renewal District in this area and if an Urban Renewal District is modified by removing boundary then other issues are created. Mr. Larson then asked why the zone change ordinance that went to City Council's 1' reading on December 9 states that Planning Commission approved the zone change when and the Planning Commission meeting is on December 19. Mr. Westberg mentioned that was an oversight and the December 19 date should have been left blank. Commissioner VOS asked why Wheat Ridge is being asked to annex the roadway and asked about potential annexation of private property from Jeffco in the future. Planning Commission Minutes -2— December 2— December 19, 2019 Ms. Mikulak explained there is no interest by the City to annex private property and it seems logical to annex the northern have of the road since the City already maintains the southern half of 52nd Avenue. Commissioner VOS also asked if there are any cost figures. Ms. Mikulak said this case is strictly about zoning, but the 52nd Avenue improvements are being paid for with the 2E bond funds which can be found in the 2020 budget. Mr. Westberg added that the City of Arvada has offered to pay for half of the improvements on 52nd Avenue. Commissioner LEO asked if there is any negative impact related to this zone change. Ms. Mikulak said the City would be in violation of State law if there was no zone change but there is no impact on the function or design of the roadway. Commissioner KERNS asked if it is unorthodox to have the zoning go across center line of the roadway and if the sidewalk on the northern side of the road will be consistent. Ms. Mikulak said no, not on a City boundary and yes there will be a continuous sidewalk on the north side. r Commissioner OHM asked what the current zoning is for the Jeffco property and if Arvada's Comprehensive Plan includes the unincorporated Jeffco area Ms. Mikulak answered the City does not know to both questions. Commissioner VOS then asked if there are any ramification if the City doesn't know the answer to Commissioner OHM's questions. Ms. Mikulak said no because a Comprehensive plan only addresses their boundaries; Arvada potentially has a 3 -mile plan which will create a vision, but we do not look at those for a roadway zone change. It was moved by Commissioner LEO and seconded by Commissioner KERNS to recommend APPROVAL of Case No. WZ-19-08, a request for approval of zoning designation for two segments of W. 52nd Avenue to be zoned Industrial Employment, Mixed Use -Commercial Transit Oriented Development, and Mixed Use -Neighborhood, for the following reasons: 1. A zoning designation is required by state statute in association with the proposed annexation. Planning Commission Minutes -3— December 3— December 19, 2019 2. The proposed zoning will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 3. Utility and transportation infrastructure being improved subsequent to the annexation and zoning. 4. The proposed zone change is consistent with the City's Comprehensive Plan and subarea plan. 5. The zoning designation is appropriate and compatible with the adjacent designations on private property. Motion carried 7-0. B. Case No. ZOA-19-05: An ordinance amending the Wheat Ridge Code of Laws to amend references to the Public Works and Community Development Directors, Departments, Divisions and Staff. Ms. Mikulak gave a brief explanation for the reorganization and the ordinance. Commissioner SIMBAI asked if the duties of the two Directors should be change in the code as well. Ms. Mikulak explained that it was changed by City Council in November, effective immediately but the online Municipal Code takes a few months to get updated. Commissioner SIMBAI also asked if the Planning Director is the same and Community Development Director. Ms. Mikulak said it is meant to refer to the same person and the title is being corrected now. Commissioner LARSON asked what the 3 divisions will be in the Community Development Department. Ms. Mikulak listed: Planning, Building and Engineering. Commissioner LARSON also wanted to know the responsibilities of the Public Works Department. Ms. Mikulak explained the two division of Public Works will include Construction and Operations. She added there will still be a lot of overlap with the Engineering division assisting both Public Works and Community Development. Ms. Mikulak said right-of-way permits will still be issued out of City Hall, but the organizational chart will look different. Mr. Westberg added that from a practical standpoint all the employees are still doing their same jobs. Planning Commission Minutes -4— December 4— December 19, 2019 Commissioner VOS asked about page 3 section 9 and why it just says Director instead of Community Development Director. Ms. Mikulak mentioned it makes it simpler to read and the preceding section clarifies the reference. Commissioner OHM asked about section 11 and why it says Director of Public Works, Ms. Mikulak said this relates to right-of-way permits so it is the Director of Public Works will sign those because it is overseen by the Director of Public Works. Commissioner LARSON asked what the next steps are. Ms. Mikulak explained that the next steps include City Council hearing this case on January 13 for 1" reading and January 27"' for a Public Hearing. It was moved by Commissioner ANTOL and seconded by Commissioner VOS to recommend approval of the proposed ordinance amending the Wheat Ridge Code of Laws to amend references to the public works and community development directors, departments, division and staff. Motion carried 7-0. 8. OLD BUSINESS 9. NEW BUSINESS • January 2, 2020 Planning Commissioner has been cancelled, but there will be meetings on January 16 and February 6. • Commissioner LARSON asked if Wheat Ridge Speaks will be used by City Council. Ms. Mikulak said yes, but only for cases that come from the Planning Division. She also mentioned the commissioners will be getting more information in January on how to access Wheat Ridge Speaks. • Commissioner OHM asked about the progress of the Wadsworth Widening progress and if there is a start date. Mr. Westberg said a rough start date could be Fall of 2020. Ms. Mikulak added that letters went out recently to property owners from whom the City will have to purchase right-of-way, which will be every property from 351' Avenue to I-70. 10. ADJOURNMENT Planning Commission Minutes - 5— December 19, 2019 It was moved by Commissioner VOS and seconded by Commissioner LEO to adjourn the meeting at 8:00 p.m. Motion carried 7-0. Scott Ohm, Chair Tammy Odean, Recording Secretary Planning Commission Minutes December 19, 2019 6— A, _ City of Wheatl i�dge PLANNING COMMISSION COMMUN=DE WPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: January 16, 2020 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING RESIDENTIAL GROUP HOME AND SUBSTANCE ABUSE CLINIC ZONING REQUIREMENTS CASE NO. ZOA-20-01 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Gerald Dahl Date of Preparation: January 8, 2020 SUMMARY: The zoning code currently regulates a variety of non-traditional residential living arrangements, including group homes for the elderly and children as well as treatment clinics. The code fails, however, to recognize certain types of arrangements including group homes for disabled persons. The enclosed ordinance eliminates distinctions that no longer have a meaningful land use planing purpose, and imposes neutral nondiscriminatory zoning regulations upon residential group homes for disabled persons. Notice for this public hearing was provided as required by the Wheat Ridge Code of Laws ("Code"). The City's group home regulations have remained unchanged since 1996. In 2012, City Council was briefed on zoning issues and approved a temporary moratorium; at that time an ordinance was prepared and introduced but never adopted. More recently, the establishment of new group homes in the City which are protected by federal fair housing laws brought the issue to Council's attention. Council directed staff to revisit the topic and a study session was held on December 2, 2019. A follow-up study session was held on January 6, 2020 to review a draft of the enclosed ordinance and Council gave direction to proceed with the code amendment process. Current Code The City's current zoning regulations, in Chapter 26 of the Code, recognize different types of group homes: • Residential group homes for up to 8 elderly persons have been allowed in all residential districts as a permitted use. Residential group homes for 9 or more elderly have been allowed in all residential districts as a special use. • Residential group homes for children have been allowed as a special use in all residential districts, with a minimum lot area of 1,500 square feet per child in residence. • Residential group homes for any number of residents who would be defined as a handicapped person in the Federal Fair Housing Amendments Act have been considered to be a "family" and therefore have been allowed as a permitted use in all residential districts, with no restriction on the number of residents. The Federal definition of what constitutes a handicapped person has expanded over time and includes groups such as developmentally disabled persons, physically disabled persons, and persons in recovery from alcohol or drug addiction (but not currently using). The City Attorney's Office has advised that it is permissible, but not required, under state and federal law, to regulate certain aspects of group homes for the disabled, including imposing a numeric limitation on the size of such homes. Consensus among staff and City Council has been to modify existing code to address residential group homes for the disabled and to make group home regulations more consistent and clear. Based on the implications of state and federal law, the City Attorney's office has taken the lead in drafting the proposed code amendment. Proposed Code Amendment The attached ordinance revises current regulations in the following respects: 1) Adding a new definition of "Residential group home for disabled" to include persons who are "handicapped or disabled," as defined by state or federal law, and their caretakers. 2) Creating a regulatory scheme under which all residential group homes are regulated in the same manner. Group homes have similar land use impacts, and this change reduces redundancies and improves clarity. 3) Amending the land use charts to distinguish between residential group homes of eight (8) or fewer persons, plus required staff, and homes of nine (9) or more persons, plus required staff. Larger group homes require special or conditional use approval. Group homes for 15 or more persons are not permitted in residential zone districts, as a group home of this size would be considered more institutional in nature and more appropriate in a commercial context. 4) Amending the definition of "Family" to eliminate its current inclusion of handicapped and disabled group living situations and to eliminate what was likely an unintended exclusion of four (4) persons over the age of sixty (60) living together. The current "family" definition includes groups of three (3) and five (5) unrelated persons over the age of sixty (60) living together, but not four (4). 5) Deleting the restriction on the number of live-in caretakers in residential group homes for the elderly. Staff believes the economics of operating a group home will naturally dictate a small number of live-in caretakers. ZOA-20-01 / Group Homes 6) Eliminating the current distinction between substance abuse clinics for the treatment of drug abuse and clinics for the treatment of alcohol abuse; eliminating the current distinction between outpatient and residential substance abuse clinics; and eliminating the requirement that such clinics dispense medication or other controlled substances as a part of their treatment programs. 7) Amending the Commercial and Industrial land use chart to eliminate confusing cross- references concerning clinics for counseling generally and substance abuse clinics. Substance abuse clinics are currently permitted as a special use in C-1 and C-2 and permitted in I -E; and no change is proposed. 8) Imposing the same off-street parking requirements on all residential group homes above a given occupancy level. 9) Requiring a semi-annual certification from operators of group homes for the disabled that confirms that the home is in compliance with state, county and city requirements. 10) Prohibiting meetings or gatherings on-site at group homes that are inconsistent with the activities otherwise permitted in the zoning district. 11) Providing a procedure for accepting and reviewing applications for "reasonable accommodations" to the regulations, in order to comply with the requirements of federal law. The proposed changes are generally consistent with the regulations of other Front Range communities. The cities of Arvada, Aurora, Denver, Englewood, and Lakewood all allow group homes of eight or fewer residents as a permitted use in residential zone districts. In Westminster a conditional use permit is required. Next Steps The Planning Commission's recommendation will be forwarded to City Council. This ordinance is scheduled for a first reading at City Council on January 27 and a public hearing at City Council on February 10. RECOMMENDED MOTION: "I move 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." Exhibit: 1. Proposed Ordinance ZOA-20-01 / Group Homes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series of 2020 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING RESIDENTIAL GROUP HOME AND SUBSTANCE ABUSE CLINIC ZONING REQUIREMENTS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and Article 23 of Title 31 of the Colorado Revised Statutes, the City, acting through its City Council (the "Council'), previously adopted planning and zoning regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws (the "Code"); and WHEREAS, said Chapter 26 currently regulates the zoning of group homes of various types but it fails to regulate group homes for disabled persons; and WHEREAS, the Wheat Ridge City Council ("Council') finds that it is permissible under current case law to impose neutral nondiscriminatory zoning regulations upon residential group homes for disabled persons; and WHEREAS, the Council further finds that it is desirable and equitable to regulate all types of residential group homes in a similar fashion; and WHEREAS, the Council further finds that it is desirable and equitable to regulate all types of substance abuse clinics in a similar fashion; and WHEREAS, the Council therefore desires to amend certain provisions of Chapter 26 of the Code to regulate group homes for disabled persons in the same manner as other group homes, as permitted by law, to regulate substance abuse clinics for drug abuse and clinics for alcohol abuse in the same manner, and to eliminate certain other distinctions between group homes that no longer have a meaningful land use planning purpose. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1l. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the definition of "Family" set forth therein as follows: Family. One (1) or more persons related by blood, marriage, adoption, or legal custody plus domestic servants employed for service on the premises, or a group of not more than three (3) persons who need not be so related living together as a single housekeeping unit. Five 5) people ever the age of Four (4) or five 151 unrelated people sixty (60) years of age or over sharing one (1) housekeeping unit shall also be deemed to be a family. NOb.A.411641 Rd inn the £gregging a family 6hall he deemed to inalude £giir (4) gr meFe peFseR6 that are net related by blood maFFia9e, adentinn r legal An.enrin.ent6 Ant Of 1999 r di6ahled PeFGGRG 6 defined by § 24 'lit ' 04 G R 2 A family 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, unless related by blood, marriage} of adoption or legal custody. lRI.IRA VAIlRlI.�w11�MlIAIUA10�R11111 Section 2. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the definition of "Residential group homes" set forth therein as follows: Residential group homes. This term includes the following categories: (a) Group home for children: A facility 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 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. 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 26-612. 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. (b) Group home for elderly persons: A residential facility for the exclusive use of persons sixty (60) years of age or older who do not need skilled and intermediate care, plus no mere than b.A.Q 24 live-in staff persons employed in the care and supervision of such elderly persons. 2 (c) Congregate care home: A residential facility established for the exclusive use of meire thaR eight (Q` elderly persons, sixty (60) years or older, where intermediate nursing care may or may not be available, and where living and sleeping quarters are provided for individuals or couples; where, however, kitchen facilities are not provided. Meals are prepared by a central kitchen and may be served in a central dining room or taken in the living quarters. For the purpose of meeting the residential density provisions of the Wheat Ridge Home Rule Charter, each three (3) persons, based upon maximum designed occupancy load, shall constitute one (1) family unit. (d) Nursing home: A state -licensed health care facility which provides essential care on a twenty-four (24) hour basis by medical professionals to provide short-term convalescent or rehabilitative care or long-term care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. e) Group home for the disabled: A residential facility for the exclusive use of persons who are handicapped as defined in Title VIII of the Civil Riahts Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as handicapped or disabled persons. "Handicap" and "disability" have the same legal meaning. A group home for the disabled shall not include more than one (1) person persons, particularly as they relate to recoverina Inot presently using) alcoholics and persons with drug addictions. may also be known as group home living arranaements. Section 3. The definition of "substance abuse clinic" set forth in Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows: 3 .. ... pliffiell-P-Iffi-.1m- 01# POP e) Group home for the disabled: A residential facility for the exclusive use of persons who are handicapped as defined in Title VIII of the Civil Riahts Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as handicapped or disabled persons. "Handicap" and "disability" have the same legal meaning. A group home for the disabled shall not include more than one (1) person persons, particularly as they relate to recoverina Inot presently using) alcoholics and persons with drug addictions. may also be known as group home living arranaements. Section 3. The definition of "substance abuse clinic" set forth in Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows: 3 Substance abuse clinic. A clinic, office or other facility which exclusively provides outpatient or residential treatment for substance abuse ^'„ which may involve 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 4. The "Table of Uses — Residential' set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended by amending the rows concerning residential group homes as follows: Uses Notes R-1 R -IA R-18 R -IC R-2 R -2A R-3 R -3A Resi. eRtial g p 4...rne for shildrea Como § '� 6 612 $ S Resi. eRtial g p h.........- fQF Child FP. See § 26 612 J C9` Residential group homes, See P P P P P P P P RwsiRg h,....,.. p,4 § 26-612 for 8 or fewer elderly persons. plus staff Residential group homes, See S S S S S S S S F § 26-612 for 9 t414 er+Nere eader+y persons. plus staff Residential aroup homes for 15 or more persons, plus staff Section 5. The "Table of Uses—Agricultural and Public Facilities" set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and public facility zone districts, is hereby amended by amending the rows concerning residential group homes as follows: Uses Notes A-1 A-2 PF Residential group homes for 8 or fewer elder+y persons. plus staff See § 26-612 P P Residential group orRUrsing homes -,-Gr reRgFegate , „ facilities for 9 to 14 er+nere elderly persons plus staff See § 26-612 $ S Resi. eRtial g p h.........- fQF Child FP. See § 26 612 J C9` Residential aroup homes for 15 or more persons, plus staff to Section 6. The "Table of Uses - Commercial and Industrial Districts" set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended by amending the row concerning counseling and treatment clinics as follows: Uses Notes NC RC C-1 C-2 I -E Clinics and offices for the C-1, C-2 & I INCLUDE: $ $ E E E counseling and treatment of Residential facilities. Ps P P P P psychological, social, NC & RC EXCLUDES: See & 26-612 P P P P marital, developmental or Residential facilities See & 26-612 S S S similar conditions, excluding .4.1-1- di AFiG#; INCLUDE. - substance abuse clinics GebmseliR . and 4.....4w eRt fe alsehelisrn Section 7. The "Table of Uses - Commercial and Industrial Districts" set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended by amending the existing rows concerning residential group homes and inserting a new row in the appropriate alphabetical location concerning congregate care: Uses Notes NC RC C-1 C-2 I -E onareaate care and nursina $ $ E E E homes Residential group and RwsiRg homes d , gat GAFP fagiG4ies for 8 or fewer "I�y persons flus staff See & 26-612 P P P P P Residential group aad x61rs+R9 homes d , , ate ,;;Fe facilities for 9 or more elderly persons. plus staff See & 26-612 S S S Section 8. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street parking and loading standards, is hereby amended by deleting the following rows from "Table 6: Schedule of Required Off -Street Parking" thereunder: 5 TABLE 6: Schedule of Required Off -Street Parking Use Requirement Flde Fly g p M........0.5 nRequirement 5 spave feF earn elderiy eerbipaRt, p1bis them d Section 9. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street parking and loading standards, is hereby amended by amending the parking standards for residential group homes under 'Table 6: Schedule of Required Off -Street Parking" as follows: TABLE 6: Schedule of Required Off -Street Parking Use Requirement Residential group homes fe+ yebiths 18 yeaFs Rd yebiRgeF for up to 14 persons. plus 2 spa9es • M.....e with st Fe t pa Fl(i. g 9F A spares . Meme %VithOIA .-4.....4 pa Fl(iRg p1b is 1 spa9e peF 9h eight L...J.- residential dwelling requirement plus -I staffSingle-family space per employee on maximum shift Section 10. The "Permitted Uses" Chart set forth in Section 26-1111 of the Wheat Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is hereby amended by amending the existing row concerning residential group homes and inserting new rows concerning residential group homes as follows: Permitted Uses Use Group MU -C MU -C Int MU -C TOD MU -N Residential group homes for 8 or fewer persons, plus staff P P P P Residential group homes for 9 to 14 C C C C persons, plus staff Residential croup home for 15 or hE hE hE NE more persons, plus staff Section 11. Section 26-612 of the Code of Laws concerning supplementary regulations pertaining to residential group homes is repealed in full and reenacted to read: Sec. 26.612. Residential group homes. The following supplemental requirements apply to residential group homes by category, as defined at section 26-123: 9 A. All group homes: 1. Shall maintain all required state and county licenses for occupation 2. Shall maintain compliance with all applicable fire, building and safety codes. 3. Separation requirements: No group home within any residential zone district shall be located on an adjacent lot or parcel or within the following distances to group homes: a. For group homes with up to and including 8 residents: 750 feet; b. For group homes with 9 to 14 residents: 1500 feet The purpose for this requirement is to ensure that a residential setting is maintained for the persons resident in the home. 4. Parking, screening and buffering: For all group homes with 9 or more residents, a special or conditional use permit is required. Such permit shall require, in addition to any other conditions, that the facility shall comply with the parking standards of the Code. All commercial components, such as parking lots and playgrounds shall be screened and buffered from neighboring residences and uses to the extent practical. The city may also request a trip generation study. 5. In all residential zone districts, meetings or gatherings on-site at a residential group home that are consistent with a normal residential family setting shall be allowed, however shall only be for residents, family of residents, and necessary persons required for the support, care and supervision of the resident persons. This does not permit conducting ministerial activities of any private or public organization or agency or permit types of treatment activities or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in the particular zoning district. See, CRS §30-28-115(2)(c). B. Group homes for disabled persons: 1. The owner or operator of a group home for disabled persons shall semi-annually (by March 31 and September 30 of each year), and otherwise upon request by the City, provide a certificate to the city, in a form provided by the city, documenting the following information: a. The number of disabled persons who are residing in the home, b. That the residents in the group home are disabled individuals entitled to protection under the FHAA, ADA, or the Rehabilitation Act, exclusive of necessary persons required for the care of such disabled persons, c. Evidence of approved and in force state and county licenses, d. That the home is in a permitted location under Sections 26-204, 26- 612.A.3 and 26-1111, and e. Certification that all applicable life and safety requirements are current and met. 7 2. Reasonable accommodation. a. Policy. It is the City's policy to provide a reasonable accommodation in accordance with federal and state fair housing laws (42 USC §3600 et seq. and CRS §29-34-301) for persons with disabilities seeking fair access to housing in the application of this chapter. The purpose of this section is to establish the procedure by which a person may request a reasonable accommodation and how the request is to be processed. b. Reasonable accommodation. Any person seeking to operate a residential group home that will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a regulation policy, or condition of this chapter that poses a barrier to equal access to housing. c. Procedure. Application required. An application for a reasonable accommodation shall be filed with and processed by the City Manager or designee. The application shall include the following information and be subject to the determinant factors required by this section. ii. Submittal requirements. The application shall be made in writing, and shall include the following information: (a) The specific provision, regulation, policy or conditions in this chapter from which the reasonable accommodation is being requested. (b) The specific exception or modification sought from the application of the subject provision, policy, or condition of this chapter that the applicant seeks; (c) Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence; (d) Any other information that the City Manager or designee reasonably determines is necessary to evaluate the request for a reasonable accommodation; (e) Any other information that the City Manager or designee reasonably concludes is necessary to determine whether the findings required by subsection (G) can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. d. Fees. No application fee is required to request a reasonable accommodation. 9 e. City Manager action. Within 60 days of receipt of a completed application, the City Manager or designee shall issue a written determination to approve, conditionally approve, or deny a request for the requested reasonable accommodation. f. Standards for granting a reasonable accommodation. The following factors may be considered in determining whether to grant a reasonable accommodation: i. Whether a less drastic exception or modification to the applicable provision, regulation, policy, or condition that achieves the same end as the requested reasonable accommodation is available; ii. Special needs created by the disability at issue; iii. Potential benefit that can be accomplished by the requested modification; iv. Potential impact on properties within the vicinity; V. Physical attributes of the subject property and structures; vi. Alternative accommodations that may provide an equivalent level of benefit; vii. Whether the requested accommodation is needed to enable the home to be located sufficiently proximate to services and facilities as convenience stores, commercial services, public transportation, and public recreation facilities. viii. Whether the requested accommodation would impose an undue financial or administrative burden on the city; ix. Whether the requested accommodation would require a fundamental alteration in the nature of a program of the city. g. Findings. The written decision to approve, conditionally approve, or deny a request for a reasonable accommodation shall be based on the following findings, all of which are required for approval. In making these findings, the City Manager or designee may approve alternative reasonable accommodations which provide the applicant with an equivalent level of benefit. i. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under federal and Colorado fair housing laws; ii. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling; iii. The requested accommodation will not impose an undue financial or administrative burden on the city, as "undue financial or 9 administrative burden" is defined in federal fair housing laws (42 USC § 3600 et seq.) and interpretive case law; iv. The requested accommodation will not, under the specific facts of the application, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others; V. Whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting; vi. The requested accommodation will not result in a fundamental alteration in the nature of the requirements of this chapter. Section 12. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 13. Severability; 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 14. Compliance Required — Schedule. Group homes for up to and including eight (8) disabled residents shall come into compliance with the requirements of Section 26-612.13.1 within six (6) months of the effective date of this ordinance. Group homes for 9-14 disabled residents shall apply for and obtain a special or conditional use permit required by Section 26-204 and 26-612.A.4 within six (6) months of the effective date of this Ordinance. Group homes in existence on the effective date of this Ordinance which do not meet the separation requirements of Section 26-612.A.3 shall be permitted to continue operation as legal nonconforming uses with respect to such separation requirements, so long as said group homes are otherwise in compliance with this Code as amended hereby. Except as specifically described in this Section 14, all other requirements of this Ordinance shall apply upon the effective date of this Ordinance. Section 15. Effective Date. This Ordinance shall take effect fifteen (15) 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 2020, 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 , 2020, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 10 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12020. SIGNED by the Mayor on this day of 12020. ATTEST: Stephen Kirkpatrick, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Bud Starker, Mayor Approved as to Form Gerald E. Dahl, City Attorney 11