HomeMy WebLinkAbout1 Study Session Agenda Packet 01-06-20STUDY SESSION AGENDA
CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave. Wheat Ridge CO January 6, 2020
6:30 p.m.
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Citizen Comment on Agenda Items
1. Townhome Development Patterns and Proposed Code Amendments
2. Group Home Regulations
3. Staff Report(s)
4. Elected Officials’ Report(s)
ADJOURNMENT
Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager Ken Johnstone, Community Development Director
FROM: Lauren Mikulak, Planning Manager
DATE: January 6, 2020 Study Session
SUBJECT: Townhome Development Patterns and Proposed Code Amendments
ISSUE: Over the last few years, the City has seen an increase in townhome development as evidenced by
inquiries, applications, and construction. The City’s larger parcels are mostly entitled and
developed, and as the real estate market shifts, we are seeing an increase in small infill projects and inquiries. Throughout the City, there are also many parcels zoned R-3, which is a zoning described as a “district established to provide high quality, safe, quiet and stable medium to high density residential neighborhoods…” This district allows multi-family development at a density
of up to 12 dwelling units (du) per acre, a fairly typical townhome development density.
Planning staff frequently assesses the eligibility of parcels to contain a duplex, triplex or townhome, where it may have historically only contained a single family home or is undeveloped. These inquiries are just as likely to come from an existing property owner as a professional homebuilder or developer.
Historically, the zoning code has treated townhomes as general “multifamily” development, and very few standards relate specifically to the townhome building form. This means that most site, building, and subdivision design considerations apply equally to apartments and attached single-family products. Given the prevalence of townhomes and the steady inquires we continue to
receive, it may be appropriate to consider updates to the code that specifically relate to the design
and platting of townhomes.
BACKGROUND: Townhome Site and Building Design
Depending on the underlying zoning, the building and site design of townhome projects are regulated by the mixed use code, the Architectural and Site Design Manual (ASDM), or by a property-specific planned development document. While some planned developments are written specifically with townhomes in mind, the mixed use code and ASDM do not distinguish townhomes from other multifamily building forms.
Item No. 1
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Denver has experienced a proliferation of infill townhome development over the last several
years, and they recently modified design standards to address townhomes and specifically to
prohibit “slot home” designs. Slot homes are also called “sideways facing townhomes.” Denver defined “slot homes” by the combination of several tell-tale features:
• Slot homes are multi-unit residential structures consisting of attached dwelling units
arranged side-by-side and often perpendicular to the street.
• Most units have an individual, direct entrance to the exterior, but entrances usually face a side lot line or narrow pedestrian path instead of facing or engaging the street.
• In addition to a lack of street-facing front doors, slot homes also often lack any street-
facing articulation such as porches, patios, or windows.
• This lack of street-facing elements is often because individual vehicular garages are generally located beneath each unit and are either visible from the street or comprise the predominant ground floor use.
• Slot homes are often characterized by a lack of pedestrian scaled proportions in their massing and design, including a lack of material change or floor height distinction. In 2014, the Wheat Ridge City Council adopted a Housing Diversification Strategy which calls for a diverse housing stock in terms of type and price, and townhomes are an important
component of that housing stock. Some townhome projects in Wheat Ridge have been criticized or labeled as “slot homes,” but there are actually several code provisions that prohibit stereotypical “slot home” development in the form and density that Denver has experienced in recent years. Those existing requirements include:
• Stepback and bulk plane requirements ensure increased setbacks and stepbacks for multi-story structures.
• Building design is required to be “human scale” and required to include articulation features and vertical changes in material.
• Vehicular entrances to buildings are required to be screened from view of the street or adjacent public space, meaning garage doors may not face the street or be a predominantly visible feature.
• Stormwater detention requirements and minimum open space standards in Wheat Ridge
ensure there is more landscaping and less intensive development than what Denver has experienced in some areas. In addition, there may be an opportunity to buttress existing provisions with several more
townhome-specific standards that ensure proposed projects are consistent with the City’s design
goals. Staff recommends adopting these additional provisions:
• Adopt provisions that address the street-facing facades of townhomes. Require that townhome units adjacent to a street are oriented with the front door facing the public street. This ensures that the pedestrian features engage the public realm as is typical of a
residential neighborhood. Require that street-facing facades are upgraded through a combination of elements such as windows, porches, balconies, yards or other human-scaled features. For developments with multiple buildings, street-facing orientation may not be required of all buildings or all street-facing units but should be the predominant orientation within the overall development. (See image below.)
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• Update the mixed use code to address variation in rooflines as a means to achieving
articulation (this was previously incorporated into the ASDM by administrative amendment in Section 4.A.5, but the ASDM does not apply to mixed use districts).
• Adopt provisions that require changes in plane depth for townhomes regardless of the
length of the building. This provides shadow lines and visual interest particularly along
the long side of building.
• Adopt provisions that establish a maximum building length or maximum number of units within a townhome building. This will ensure that building massing remains residential and human in scale and would require that townhome units be divided among smaller
building groups. For several of these recommended code amendments, staff has generally been successful in obtaining developer compliance with these design goals based on more generic language in the code. That said, codifying these requirements specifically for townhomes or attached single-
family development would be beneficial and would clarify expectations for applicants, the public, and staff.
This image shows the approved site plan for the Toll Brothers townhome project, Ridge at Ward Station. The predominant
orientation of the buildings is to the street. The exception is the northeast corner of the project where the units are sideways facing.
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Townhome Lot Line Adjustments
Prior to the 2014 overhaul of the subdivision regulations, these regulations were silent to
townhomes. As part of the 2014 code amendment, a townhouse plat was defined and provisions were added which acknowledge that townhome plats are unique. Townhomes are attached single-family homes in which the occupant owns the dwelling unit and the underlying or surrounding land, so the underlying lot is often quite small compared with the lot size for a
detached single-family home. The lot width for a townhome is based on the unit width and often
ranges from 16 to 24 feet. (See image below right.) The subdivision regulations now exempt individual townhouse lots from lot size and width requirements,
so long as the site as a whole meets all zone district
standards (Section 26-411.C.2.a) and most notably the limitation of 12 du/acre. The same section requires a plat note to ensure that the townhome lots are not sold or developed for any purpose other than
townhomes.
Townhome plats are usually approved and recorded prior to construction, and unit width is set by the lot width on the plat. Many townhome builders have
various floorplan options and unit widths, and
homebuyer preferences determine which units are ultimately sold and constructed. As these projects are developed over time, homebuyer and market preferences can shift, and because of this we see
requests for lot line adjustments more frequently for
townhome projects than for detached single family projects. For example, Thrive Home Builders, who are building townhomes at 43rd and Yarrow, recently
met with Planning staff to share that they are seeing higher market demand for narrower units,
and they will therefore be seeking to narrow the width of several lots to accommodate those narrower units. The overall site plan and density will not change. Similarly, Toll Brothers, who is building townhomes at Ward and Ridge by the Wheat Ridge Ward station, has also indicated that they may need to modify the lots lines in future phases based on sales patterns. Additionally,
they will need to modify internal lot lines because of a CAD error that puts the divisional wall
between units a few inches offset from the location that lot lines were drawn. Because lot lines are coterminous with divisional walls, townhome lots leave no leeway for design adjustments. The only way to accommodate design adjustments for townhomes is to process a lot line
adjustment (LLA). Under our current regulations, a LLA is processed in the same manner as any
subdivision application: LLAs that affect more than three lots require the plat to be reviewed at public hearings. The resources expended by staff and decisions makers to review LLAs for townhomes at a public hearing may be inefficient and is disproportionate with the extent of the proposed substantive changes.
This image shows the typical building form and plat for a
townhome development. In the bottom image, individual lot lines are indicated by the dashed lines, and those lot lines dictate unit width.
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Because of the unique and minor nature of a lot line adjustment for an approved townhome
development and because of the significant staff resources associated with reviewing plats, staff
recommends consideration of a code amendment that narrowly addresses LLAs for previously approved townhome developments. More specifically, the code could be amended to create a separate category of administrative plat by modifying Section 26-405.A to add this language:
[…]
2. A lot line adjustment of a previously approved townhouse plat shall be considered an administrative plat regardless of the number of lots affected, so long as the replat meets all of the following criteria: a. Does not create new or additional lots or parcels;
b. Does not materially alter the subdivision design; and
c. Conforms to all subdivision and zoning regulations and includes no waiver or variance. NEXT STEPS: The purpose of the January 6, 2020 study session will be to review the purpose and content of
the proposed code amendments that would address platting and design standards for townhome development. Staff recommends that an ordinance be drafted to address these issues and will be requesting direction from City Council.
Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager
FROM: Gerald Dahl, City Attorney Ken Johnstone, Community Development Director
DATE: January 6, 2020 Study Session
SUBJECT: Group Home Regulations
ISSUE: The City’s current zoning regulations, in Chapter 26 of the Wheat Ridge Code of Laws
(“Code”), treat groups of any number of unrelated handicapped individuals living together
as a “family.” Group homes of any size for such individuals may therefore locate in the same zone districts in which a single-family dwelling is a permitted use without a formal review or application process. City staff believes the location of larger group homes, of any type, in residential districts without a review process could result in land use impacts
that are incompatible with the surrounding properties.
The City Attorney’s Office has advised it is permissible, but not required, under state and federal law, to regulate certain aspects of group homes for the handicapped and disabled, including imposing a numeric limitation on the size of such homes. Staff therefore
recommended City Council consider the preparation of an ordinance to create zoning
regulations for residential group homes for the handicapped and to make all residential group home zoning regulations generally consistent.
PRIOR ACTION: City Council considered materials provided by staff in its discussion at study session on
December 2, 2019. Council gave direction to staff to draft an ordinance and schedule the same for planning commission review. The attached ordinance has been drafted to incorporate Council’s direction at the December 2 study session and is scheduled for planning commission review on January 16.
FINANCIAL IMPACT: Additional City staff time may be spent on the processing of group home applications required as a result of revision of the ordinance, but it is doubtful that work load would significantly increase.
BACKGROUND:
The City last updated its ordinances pertaining to group homes in 1996. Following is a summary
Item No. 2
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of the existing regulations as adopted at that time.
• Residential group homes for up to 8 elderly persons were allowed in all residential districts as a permitted use. Residential group homes for 9 or more elderly were allowed in all residential districts as a special use.
• Residential group homes for children were established 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 were considered to be a
“family” and therefore allowed as a permitted use in all residential districts, with no restriction on the number of residents. The Federal definition of what constitutes a handicap person has expanded over time and includes groups such as the following: developmentally disabled persons, physically disabled persons, and persons in recovery from alcohol or drug addiction (but not currently using).
The attached Ordinance revises these regulations in the following major 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. 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, with the larger group homes requiring special or conditional use approval. 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. 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. 8) Imposing the same off-street parking requirements on all residential group homes above
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a given occupancy level.
9) Requiring a quarterly certification from group home operators 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.
RECOMMENDATION: Staff recommends that Council direct the City Attorney and Community Development Director to place the Ordinance on the council’s calendar for first reading, after receipt of a recommendation from the Planning Commission.
ATTACHMENT: 1. Draft Ordinance
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 1. 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,
ATTACHMENT 1
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or a group of not more than three (3) persons who need not be so related
living together as a single housekeeping unit. Four or Ffive unrelated (5)
people) people over the age of sixty (60) years sharing one (1) housekeeping unit shall also be deemed to be a family. Notwithstanding the foregoing, a family shall be deemed to include four (4) or more persons that are not related by blood, marriage, adoption, or legal custody occupying a
residential dwelling unit and living as a single housekeeping unit if the
occupants are handicapped persons as defined in title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by § 24-34-301, C.R.S. 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 or adoption.
A household that includes four (4) or more persons identified above shall not be excluded from the definition of "family" by the residence in the household of additional necessary persons (and their families) employed in
the care and supervision of such handicapped or disabled persons.
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 more than two (2) live-in staff persons employed in the care and supervision of such elderly persons.
(c) Congregate care home: A residential facility established for the
exclusive use of more than eight (8) elderly persons, sixty (60) years or
older, where intermediate nursing care may or may not be available, and
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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.
For purposes of this chapter, a "residential group home" shall not include a household of four (4) or more persons occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in title VIII of the Civil Rights Act of 1968, as amended
by the Fair Housing Amendments Act of 1988, or disabled persons as
defined by § 24-34-301, C.R.S., and such additional necessary persons (and their families) employed in the care and supervision of such handicapped or disabled persons. A group home for handicapped or disabled persons 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.
(e) Group home for the disabledhandicapped: A residential facility for the exclusive use of persons who are handicapped as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by § 24-34-301, C.R.S., and such
additional necessary persons employed in the care and supervision of such
handicapped or disabled persons. “Handicap” and “disability have the same legal meaning. “A group home for the disabled handicapped 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. Residential group homes
for disabled persons, particularly as they relate to recovering (not presently
using) alcoholics and persons with drug addictions, may also be known as group home living arrangements.
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:
Substance abuse clinic. A clinic, office or other facility which exclusively
provides outpatient or residential treatment for substance abuse which may other than alcoholism,involve 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.
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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-1A R-1B R-1C R-2 R-2A R-3 R-3A
Residential group home for children See § 26-612 S S S S S S S S
Residential group homes, nursing homes, and congregate care facilities for 8 or fewer elderly persons, plus staff
See § 26-612 P P P P P P P P
Residential group homes, nursing homes, or
congregate care facility for 9 to 14 or more elderly persons, plus staff
See § 26-612 S S S S S S S S
RESIDENTIAL GROUP
HOME 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 elderly persons, plus staff See § 26-612 P P
Residential group or nursing homes, or congregate care facilities for 9 to 14 or more elderly persons, plus staff See § 26-612 S S
Residential group homes for children See § 26-612 S RESIDENTIAL GROUP HOME FOR 15 OR MORE PERSONS, PLUS STAFF.
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 Clinics and offices for the counseling and treatment of psychological, social, marital, developmental or similar conditions, excluding
substance abuse clinics
C-1, C-2 & I INCLUDE: Residential facilities. NC & RC EXCLUDES: Residential facilities ALL districts INCLUDE:
Counseling and treatment for alcoholism
PS P P P P
SUBSTANCE ABUSE CLINICS
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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 rows concerning residential group homes as follows:
Uses Notes NC RC C-1 C-2 I
Residential group and nursing homes and congregate care facilities for 8 or fewer elderly persons, plus staff
P P P P P
Residential group and nursing homes and congregate care facilities for 9 or more elderly persons, plus staff
S S S
Residential group home for children S S S
CONGREGATE CARE AND NURSING HOMES S S P P P
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:
TABLE 6: Schedule of Required Off-Street Parking Use Requirement Congregate care center 0.75 space per each bedroom plus 1 space for each employee on maximum shift
Elderly group home 0.5 space for each elderly occupant, plus the standard residential dwelling requirement
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 for youths 18 years and younger 2 spaces per home with street parking or 4 spaces per home without street parking plus 1 space per each eight beds Standard residential dwelling requirement plus 1 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 a
new row concerning residential group homes as follows:
Permitted Uses
Use Group MU-C MU-C Interstate MU-C TOD MU-N
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Residential group homes for 8 or fewer persons, plus staff P P P P
Residential group homes for 9 to 14 persons14 persons, plus staff C C C C
RESIDENTIAL GROUP HOME FOR 15 OR MORE PERSONS, PLUS STAFF NP NP NP NP
Section 11. Section 26-612 of the Code of Laws is revised 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:
A. Residential group homes for six (6) to eight (8) elderly persons. In accordance
with C.R.S. § 31-23-303, as amended, group homes for six (6) to eight (8) elderly
persons are permitted, provided that such group home meets all requirements of the zone district in which the group home is located. No such group home for elderly persons shall be located closer than seven hundred fifty (750) feet from another group home for elderly persons.
B. Residential group home for children. A residential group home for children, as
defined by section 26-123, shall maintain a minimum lot area of one thousand five hundred (1,500) square feet for each child residing at the home, and shall provide view-obscuring screening of any additional structure, such as a trash dumpster or playground equipment associated with the group home, which is inconsistent with the character of the surrounding neighborhood. A residential
group home for children shall be permitted only as a special use approved in accordance with section 26-114.
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 6 to 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 normal 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 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
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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. A group home for disabled persons shall quarterly (by March 31, June 30, September 30 and December 31 of each year), and otherwise upon request by the City, provide a certificate to the city documenting:
(a) evidence and/or demonstrate to the city that the residents in the group
home are disabled individuals and entitled to protection under the
FHAA, ADA, or the Rehabilitation Act.
(b) the number of disabled persons who are residing in the home
(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.
(e) certification that all applicable life and safety requirements are current and met.
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 a permit 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.
i. 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
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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.
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;
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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 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
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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 6-8 disabled residents shall come into compliance with the requirements of Section 26-612.B.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 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 jupon 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.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of ______ to ______, this ____ day of _____________, 2020.
SIGNED by the Mayor on this ________ day of ____________________, 2020.
Bud Starker, Mayor
ATTEST:
Stephen Kirkpatrick, City Clerk
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Approved as to Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript Effective Date: