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Home My WebLink About03/04/1985 - - CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO MARCH 4, 1985 The City Council Meeting was called to order by the Mayor at 7 30 p m Councilmembers present Kent Davis, Larry Merkl, Clyde E Hobbs, Moe Keller, Tony FIasco, Nancy Snow, Randy West, and Dan Wilde Also present City Clerk, Wanda Sang; City Administrator, Tom Palmer; City Attorney, John Hayes Director of Community Development, Charles Stromberg and interested citizens Item 1 Council Bill 174 - An Ordinance amending Sections 4B, 5B, 6B, 7B, 8B, 9B, lOB, lIB, 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" Council Bill 174 was introduced on second reading by Mr Merkl; title read by the Clerk; Ordinance No 609 assigned Larry Lawler, 2405 Wadsworth Blvd , attorney for neighbors in the area of 32nd and Wadsworth Blvd , who are concerned about a Special Use Permit application legalizing a Group Home (C B 178) which they believe that Council Bill 174 is a preface to Council Bill 178 They felt this would be a Commercial Enterprise in a residential neighborhood Mr Lawler's clients oppose the Ordinance, which they felt would open the way for Commercial use Ross Westover, Architect, 9965 W 34th Dr , felt this Ordinance deletes the 8 persons in present Ordinance to make higher number of group home residents Charlotte Collins, 52 Hillside Drive, gave moral support to group that opposes Group Homes She stated that residential should be kept residential Maurice Fox, 4465 Kipling, attorney representing Dr panio, was there to speak in favor of Council Bill 174; addressed licensing as opposed to the ordinary route. Charles Kimball, 10628 W 36th Place, attorney representing two home owners in the direct area of 32nd and Kipling, stated that his clients oppose Council Bill 174 He addressed the uses and stated that it would eliminate any requirements of supervision by Jefferson County John Miller, 1813 S Robb Street, spoke in favor of this Ordinance Discussion followed Motion by Mr Merkl that Council Bill 174, amending Sections of Appendix A, Zoning Ordinance, of the Code of Laws of the City of Wheat Ridge by redefining the terms "Residential Group Homes for Children" and "Group Homes for Children" be approved; seconded by Hr Davis Motion by Mr Merkl to amend parts of Section c and d; to read as follows CITY COUNCIL MJ:mJTES~ '1"!arch 4, 1985 rtige -2- 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 PURPOSED 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 ANY SPECIAL USE PERMIT FOR A PURPOSED 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 Motion by Mr West to amend and eliminate the sentence in Section c of John Hayes memo "The Council may not deny a Special Use Permit for purposed Residential Group Homes solely on basis of neighborhood opposition"; seconded by Mr Wilde Discussion followed Mr Davis stated that he would be voting No because in his opinion it is very well defined Motion failed 1-7 with Mr West voting yes Motion by Mrs Snow to amend the word "an" to "substantial adverse effect" in subsection c Seconded by Mr Merkl Mr FIasco stated that he will vote No because they had just gone through this and he didn't know what "substantial" meant unless it was defined Motion failed 1-7 with Mrs Snow voting yes Vote on first amendment carried 7-1 with Mr West voting No r-lotion by Mr Merkl to add in subsection d after "City Departments" "and those of the Jefferson County Department of Social Services" and after no written "verifiable"; take out sentences "in addition to"; seconded by Mr Hobbs; carried 8-0; vote on original motion as amended carried 7-1 with Mr West voting No CITY COUNCIL MINUTES MARCH 4, 1985 Page -3- Item 2 Council Bill 181 - An Ordinance to dispose of a Municipally owned Buildings by accepting the highest stated bid, which bid will, if awarded, result in the sale and removal of a house, owned by the City of Wheat Ridge, located at 6365 West 35th Avenue Council Bill 181 was introduced by Mrs Snow on first reading; title read by the Clerk Motion by Mrs Snow that Council Bill 181 be approved on first reading, ordered published, public hearing set for Monday, March 18, 1985 at 7 30 P m in City Council Chambers, Municipal Bldg , and if approved on second reading, take effect 1 day after final publication; seconded by Mr Wilde; carried 7-1 with Mr West voting No Adjournment Motion by Mr Merkl to adjourn and to go into Study Session; seconded by Mr Wilde; carried 7-0 Mr. West had left '- APPROVED BY CITY COUNCIL ON 3/l1/85 by a vote of g to 0 ,,\1 ),_ .:Z " c<- (. \... " '--"'-' '-- (l '-- Dan Wilde, President