HomeMy WebLinkAboutOrdinance-1985-0609INTRODUCED BY COUNCILMEMBER MERKL
ORDINANCE NO. 609
Series of 1985
TITLE: AN ORDINANCE AMENDING SECTIONS 4B, 5B, 6B, 7B, 8B,
9B, 109, 11B, 14B, 15B, 16B and 44a OF APPENDIX A,
ZONING ORDINANCE, OF THE CODE OF LAWS OF THE CITY
OF WHEAT RIDGE BY REDEFINING THE TERMS "RESIDENTIAL
GROUP HOME FOR CHILDREN" AND "GROUP HOMES FOR
CHILDREN".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, AS FOLLOWS:
Section 1. Sections 4B, 5B, 6B, 7B, 8B, 9B, 10B, 11B, 14B,
15B and 16B of Appendix A of the Code of Laws of the City of
Wheat Ridge are hereby repealed and reenacted as follows:
"Residential Group Home for children. This is a residential
facility, lawfully licensed or certified easel-se~}~er~rse el by
Jefferson County Social Services Department, OR THE STATE OF
COLORADO, and supervised by Jefferson County Social Services
Department, which provides shelter, care, and/or staff supervision.
A Residential Group Home 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 2,000 feet from another
qroup home of any kind; 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.
In no instance shall more than one (1) such Group Home be
permitted per each Council District. In order to assess a
proposed Residential Group Home facility, the following
information shall be submitted by the applicant 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.
b. A letter from the agency licensing the facility with
the following information:
1) The 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 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.g., permanent resident staff,
rotating staff, owner occupied residence, etc.
C. ANY SPECIAL USE PERMIT GRANTED PURSUANT TO THIS SECTION
SHALL BE LIMITED IN ITS EFFECTIVENESS TO THE APPLICANT
THEREFORE, AND SHALL PROVIDE, BY ITS TERMS, FOR TERMINATION
UPON CESSATION OF OWNERSHIP, MANAGEMENT OR USE OF SAID
APPLICANT. THE LIMITATION SPECIFIED IN THIS SUBPART c
IS DEEMED NECESSARY BY THE CITY COUNCIL IN ORDER TO
MAINTAIN THE MAXIMUM LAWFUL AUTHORITY OVER THE USE AND
USER APPROVED BY ANY SUCH ISSUED SPECIAL USE PERMIT,
AND IS DEEMED NECESSARY TO PROTECT THE INTEGRITY AND
CHARACTER OF SURROUNDING PROPERTIES AND NEIGHBORHOODS.
IN ORDER TO ACHIEVE THAT OBJECTIVE, THE CITY COUNCIL,
PRIOR TO GRANTING SUCH SPECIAL USE PERMIT, SHALL BE
REQUIRED TO DETERMINE THAT THE PROPOSED GROUP HOME WILL
NOT HAVE AN ADVERSE EFFECT ON THE RESIDENTIAL CHARACTER
AND QUALITY OF LIFE IN THE PARTICULAR NEIGHBORHOOD OF
ITS LOCATION. THE COUNCIL MAY NOT DENY A SPECIAL USE
PERMIT FOR A PROPOSED RESIDENTIAL GROUP HOME SOLELY ON
THE BASIS OF NEIGHBORHOOD OPPOSITION, WHERE NO VALID
AND SUBSTANTIVE EVIDENCE HAS BEEN OFFERED TO SHOW THAT
THE PROPOSED RESIDENTIAL GROUP HOME WOULD HAVE SUCH
ADVERSE EFFECT.
d. THE SPECIAL USE PERMIT FOR ANY RESIDENTIAL GROUP HOME
SHALL BE FOR A TERM OF ONE YEAR, AND SHALL BE AUTOMATICALLY
RENEWABLE BY THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY
DEVELOPMENT UPON RECEIPT OF AN APPLICATION FOR RENEWAL
IF, FOLLOWING REVIEW OF THE FILES OF ALL CITY DEPARTMENTS
AND THOSE OF THE COUNTY DEPARTMENT OF SOCIAL SERVICES,
IT IS DETERMINED THAT NO WRITTEN VERIFIABLE COMPLAINTS
CONCERNING THE OPERATION OF THE GROUP HOME DURING THE
TERM OF THE SPECIAL USE PERMIT HAVE BEEN RECEIVED. IF
ANY SUCH COMPLAINT HAS BEEN RECEIVED, THE APPLICATION
FOR RENEWAL MUST BE HEARD BY THE CITY COUNCIL UNDER THE
SAME, REQUIREMENTS AS FOR A NEW SPECIAL USE PERMIT.
Section 2. Section 44a of Appendix A of the Code of Laws of
the City of Wheat Ridge is hereby repealed and reenacted as
follows:
Section 9. Wheat Ridge Code of Laws, Appendix A., zoning
Ordinance, Section 28. Definitions, is hereby amended by
the addition of a new subsection 44.a. to read as follows:
"44.a. GROUP HOMES FOR CHILDREN; These are residential
facilities which are licensed by the Jefferson County Social
Services Division, OR THE STATE OF COLORADO 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 age of 18 but who remain in the
home after reaching the age of 18 shall be considered a
child under this definition until reaching the age of 21.
Group homes for children do not include Mlaeemeat-by-any
ae7er~eyT-~t~b~~e-e~-p~€uateT-etke~-tl~ar~-3e€€e~ses-Eet~Rty-See~al
Serer}ees-ee~a~t~+eat;-any}-n-ac~dt€eR-fees-rtet-r~e~t~~e FACILITIES
FOR THE placement of children by the Youth Services Division
of the Department of Institutions, the Mental Health Division
of the Department of Institutions, or the Alcohol and Drug
Abuse Division of the Department of Health, even if licensed
by Jefferson County Department of Social Services.
Section 3. 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 4. 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
2.
shall not affect, impair or invalidate the remainder of this
ordinance or its application to other persons or circumstances.
Section 5. This ordinance shall take effect 1 day
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 0 on this 11th day of February , 1985,
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 March 4 , 1985, at
7:30 o'clock p.m., in the Council Chambers, 7500 Vilest 29th
Avenue, Wheat Pidge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of 7 to 1 , this 4th day of
March , 1985.
SIGNED by the Mayor on this 6th day of March ,
1985.
z / 4, 4'.
FRANK STITES, MAYOR
Wanda Sang] CitV/Clerk
1st Publication: February 14, 11.
2nd Publication: March 14, 1985
Wheat Ridge Sentinel
Effective Date: March 15, 1985
3.
APPROVED AS TO FORM BY CITY
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