HomeMy WebLinkAboutOrdinance-1983-0556INTRODUCED BY OOUNCITMMARER P^ERITI ,
ORDINANCE NO.556
Series of 193
TITLE: AN ORDINWCli REPEAId NG OIDT)INASICE NO. 535 MM, ORDINANCE NO. 550, AND
ArIFTrI)ING VARIOUS SECTIONS OF APPENDIX A, ZONINC ORDINANCE, OP THE CITY
OF WHEAT RIDGE, COUNJT'Y Of' JEFFPERSON, STATE OF COLORADO, RELATIIdG
RESIDaTIIAL CROUP ECIIES.
BE IT ORDAINT-D PY TEF CI'T'Y CIOLUCIL OF THE CITY OF' VTI:AT RIDGE THAT:
Section 1. Ordinance No. 535 is hereby repealed in its entirety.
Section 2. Ordinance No. 550 is hereby repealed in its entirety.
Section 3. Kheat Ridge Code of Laws, Appendix A, Zoning Ordinance, Sections
4.A.10, 5.A.10, 6.A.10, 7.A.10, c.A.ll, M.13, 10.A.12, 11.A.13, 14.A.15, and
15.A.17, are hereby deleted.
Section 4. V.1heat Ridge Code of Laws, Appendix A, Zoning Ordinance, Sections
4.A., S.A., F.A., 7.A., P.A., 9.A., IO.A., 11.A., M.A., 15.A., and W.A., are
hereby amended by the addition of a new subsection, to be consecutively
numbered, to read as follows:
"Residential Group Homes for eight or fewer Developmentally Disabled persons
or for Elderly persons. In accordance with Colorado Revised Statutes, 1973 as
amended, Section 31-23-303, group homes for not more than eight
developmentally disabled and elderly persons are permitted under the following
conditions:
a. Croup Homes for the Developmentally Disabled. This is a residential
facility, licensed by the State for the purpose of providing twenty-four
hour staff care, shelter, supervision, training and/or rehabilitation to
no more than eight (8) developmentally disabled persons and additional
required staff. As defined in CRS 31-23-303, "Developmentally Disabled
means those persons having cerebral palsy, multiple sclerosis, mental
retardation, autism, and epilepsy." A Group Home for the Developmentally
Disabled shall not be architecturally designed so as to be inconsistent
,with the character of the surrounding neighborhood. Every Group home for
the Developmentally Disabled shall meet all requirements of a single
family home and additionally shall meet the requirement that the lot area
shall be a minimum of 1500 square feet for each bed contained within the
hone. No Group Home for the Levelopmentally Disabled shall be located
closer than 2000 feet from another Croup Hone for the Developmentally
Disabled and no closer than 750 feet to a Group home for the Elderly and
in no instance shall more than one (1) Group Home for eight (8) or fewer
developmentally disabled persons be permitted within each Council
District.
b. Group Lome for Elderly Persons. This is a residential facility estab-
lished as either an owner occupied or nonprofit group hone for the
exclusive use of not more than eight persons sixty years of age or older
who do not need skilled and intermediate care facilities.
A Group Home for Elderly Persons shall not be architecturally designed so
as to be inconsistent with the character of the surrounding neighborhood.
Every Croup Home for Elderly Persons shall meet all requirements of a
single family hone and additionally shall meet the requirement that the
lot area shall be a minimum of 1500 square feet for each bed contained
within the home. no Croup home for Elderly Persons shall be located
closer than 2000 feet from another Group Home for Elderly Persons , and no
closer than 750 feet to a Croup Home for the Developmentally Disabled, and
in no instance shall more than one Croup name for eight (8) or fewer
lderly Persons be permitted within each Council District.(1) such Group
Home be permitted per each Council District.
oRDINMCE 556
Page -2-
c. Prior to occupancy of any Croup Home for the Developmentally Disabled or
Elderly Persons, a Certificate of Occupancy must be requested through the
Department of Community Develolanent. The Planning Division shall review
such requests relative to all zoning requirements, and the Puildinq
Inspection Division shall review such requests relative to the Puildinq
and Fire Codes prior to issuance of a Certificate of occupancy. In
addition, the Department of Community Development shall post a sign on the
premises, in a highly visible location, for a time period of fifteen (15)
days prior to the issuance of a Certificate of occupancy, with such sign
announcing the intent to occupy the premises with a group home. The sign
is for information purposes only so that interested parties may review the
proposal in the Department of C(xmiunity Development.
Section 5. Wheat Ridge Code of Laws, Appendix A. Zoning ordinance, Sections
4.R., 5.B., S.B., 7.&., PoB., 9.P., 10.P., 1L B., 14.B., 15.11., and 16.R., are
herdby amended by the addition of a new subsection, to be consecutively
numbered, to read as follows:
"Residential Group homes for nine or more Developmentally Disabled persons or
Elderly persons. Such group homes, as defined, described and conditioned under
subsection A. of this section, but where nine or more developmentally disabled
or elderly persons are to occupy a group hone, shall be permitted only upon
approval of a Special Use Permit, after public hearing by Planning Ctxw. fission
and City Council.
In addition to the standards and criteria set forth under subsection A. of
this section, which apply to aroup homes for Developmentally Disabled and
Elderly persons, the following shall be required in order to provide
information for Planninq Commission and City Council to reasonably assess the
potential impacts to the community when considering approval of a Special Use
Permit.
a. A Site Plan of the site indicating property boundaries and total area,
location and extent of all existing and proposed buildings; parkin and
circulation areas; landscaping and buffering, fences, walls, etc;
recreational facilities and open space; outdoor liahtinq facilities; trash
receptacles; or any other physical features that might help identify the
expected character of the proposed facility.
b. For lornes for the Develolmentally Disabled, a letter from the agency
licensing the facility with the following information:
1) 'nrie fact that the agency has licensed or is preparing to license the
facility.
2) Special needs of the residents, such as on-site schooling or training,
and any facilities needed to meet such special needs.
3) The number of persons for whom the license is being issued.
4) The approximate ages of the persons expected to occupy the group
home.
c. For Homes for the Elderly, information submitted which describes the
following:
1) Maximi-n number of persons to occupy the home.
2) Explanation of the qeneral organization and management ofthe
household."
OPJJINANC 556 Page -3-
Section 6. Vvneat Iddge Code of Laws, Appendix A., Zoning Ordinance, Sections
4.D., 5.B., 6.P., 7.131., B.P., 9.8., 10.5., ll.P., 14.B., 15.1., and 16.5., are
hereby ammended by the addition of a new subsection, to be consecutively
numbered, to read as follows:
"Residential Group Home for children. This is a residential facility,
lawfully licensed or certified, and supervised by Jefferson County Social
Services Department, which provides shelter, care, and/or staff supervision.
A Residential Group .?ome for Children shall maintain a minimum lot area of
1,500 square feet for each child residing at the home; shall be located no
closer than 2000 feet from another group hone of any kind; shall provide view
obscuring screening of any additional structure, such as a trash dumpster or
playground equipment associated with the group hone which is inconsistent with
the character of the surrounding neighborhood. In no instance shall more than
one (1) such Group Horne be permitted per each Council District.
In order to assess a proposed residential Group Home facility, the following
information shall be sukmitted by the appplicant and used by Planning
Commission and City Council in considering approval of a Special Use Permit:
a. A Site Plan of the site indicating property boundaries and area, location
and extent of all existing and proposed buildings; parking and circulation
areas; landscaping and buffering, fences, wall, etc.; recreational
facilities and open space; outdoor lighting facilities; trash receptacles;
or any other physical features that might help identify the expected
character of the proposed facility.
h. A letter from the agency licensing the facility with the following
information:
1) The fact that the agency has licensed or is preparinq_ to license the
facility.
2) Special needs of the residents, such as on-site schooling or training,
and any facilities needed to meet such special needs.
3) The number of children for whom the license is being issued.
4) The approximate ages of the children.
5) The proposed procedures and methods to be used in operating the
facility; e.q., permanent resident staff, rotating staff, owner occupied
residence, etc.
Section 7. Wheat Fridge Code of Laws, Appendix A, Zoning Ordinance, Section
28. Definitions, subsection 10. definition of the term "Family", is hereby
amended by the addition of the following sentences:
"Any child living in a foster family hone as defined in this Section 28, where
the home is the primary residence of the caretaker, shall also be deemed to be
a part of a family. Five people over the age of sixty (60) sharing one
housekeeping unit shall also be deemed to be a family."
Section R. Wheat Ridge Cale of Laws, Appendix A., Zoning Ordinance, Section
2R. Definitions, is hereby amended by the addition of a new subsection" 10.A.
Family Foster 'riome" to read as follows:
ORLIiJAI1CE 556 Page -4-
"10.A. Family Foster home. A family foster home is a residential facility
which provides for twenty-four hour care for up to four children not related
to the caretaker. The ages of such, children may not exceed 1P. years old;
provided, however, that those children placed in a home or in the custody or
jurisdiction of the Department of Social Services shall be considered a child
under this definition until age twenty-one (21) years old.
Section 9. Wheat Ridge Code of Laws, Appendix A., 7oninq Ordinance, Section
2P. I>efinitions, is hereby amended by the addition of a new subsection 44.a.
to read as follows:
"44.a.CP,OUP 11JUT:S MR CNIU RUT, These are residential facilities which are
licensed by the Jefferson County Social Services Division for the purpose of
providing up to 24 hour care, supervision, and/or training for children under
the age of 18 years. Those children placed in a home under the aqe of 18 but
who remain in the horse after reaching the age of 1R. shall be considered a
child under this definition until reaching the aqe of 21. Croup homes for
children do not include placement by any agency, public or private, other than
Jefferson County Social Services Department, and in addition does not include
placement of children by the Louth Services Division of the Department of
Institutions, the Mental health Division of the Department of Instituions,
or the Fdcchol and Drug Abuse Division of the Department of Health,
even if licensed by Jefferson County Department of Social Services.
Section 10. Safety Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police pawer of
the City of N,heat 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 11. Severability. If any clause, sentence, paragraph, or part of
this ordinance or the application thereof to any person or circumstances shall
for any reason be adjudged by a court of competent jurisdiction invalid, such
judgment shall not affect, impair or invalidate the remainder of this
ordinance or its application to other persons or circumstances.
Section 12. This ordinance shall take effect 15 days after final.
publication.
I*ri'PCDUCi_D, READ, ANU ADOPFLD on first reading by a vote of 6 to 2
on this 21st day of November lOR3, 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 December 12 , 1983, at 7:30
o'clock p.m., in the Council Chai.bers, 7500 West 29th Avenue, Wheat ilidg_e,
Colorado.
REF1L, ADOPFLD AND ORDERED PUBLISHED on second and final reading by a vote of
7 to 1 this 12th day of December , 1983.
SIGNED by the Mayor fin, this 16th day of December , 19&3
6
n 1a. Sang, City Clerk
1st Publication: November 24, 1983
2nd publication: December 22, 1983
wheat Ridge Sentinel
Effective rate: January 5, 1984
el IZ=4 G,.
FRAtI{ STITES, t1AYOR
APPROVE AS TO FY_IRV PY CITY A~RIIEY:
JOPSI t3AYE,S, CITY F PI~RIJF Y