HomeMy WebLinkAboutOrdinance 1768 - DaycaresCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER HOPPE
COUNCIL BILL NO. 16
ORDINANCE NO. 1768
Series 2023
TITLE: AN ORDINANCE AMENDING ARTICLES I AND II OF CHAPTER 26 OF THE
WHEAT RIDGE CODE OF LAWS, CONCERNING DEFINITIONS AND
REGULATIONS FOR CHILDCARE FACILITIES, AND MAKING
CONFORMING AMENDMENTS THEREWITH
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers
conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety, or welfare; and
WHEREAS, in the exercise of this authority, the Council has previously adopted
regulations pertaining to day care centers;
WHEREAS, the Council recognizes that these regulations can present barriers to
new childcare facilities opening in the City of Wheat Ridge;
WHEREAS, the Council desires to allow childcare facilities in more locations and
in underutilized or vacant nonresidential properties in residential zones such as places of
worship, schools, or institutional buildings;
WHEREAS, the Council recognizes that the City’s regulation of childcare facilities
should align with those of the State of Colorado to the greatest extent feasible.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-123 (Definitions) of the Wheat Ridge Code of Laws is
hereby amended as follows by revising the following definitions:
Day care center, large. A facility licensed by the State of Colorado which
provides care of children with or without compensation, for sixteen (16) or more than
twenty-four (24) children, including preschools.
Day care center, small. A facility licensed by the state of Colorado, which is used
exclusively for the purpose of providing care, with or without compensation, for five (5)
seven (7) to fifteen (15)twenty-four (24) children, including preschools.
Section 2. 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 as follows:
Uses Notes R-1 R-
1A
R-
1B
R-
1C
R-2 R-
2A
R-3 R-
3A
Day care home,
large
S S S S S S P P
Day care
center, small or
large
If the property
contains a
vacant
nonresidential
primary
structure
S S S S S S S S
If the property
is currently
occupied by a
nonresidential
use
P P P P P P P P
Accessory Uses For Residential Districts Notes
Day care home, large
See § Sec 26-613; shall not be located
adjacent to one another; in addition,
the City may require a parking and
traffic flow management plan prior to
approval
Day care home, small See § Sec 26-613
Section 3. 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 as follows:
Uses Notes A-1 A-2 PF
Day care center, large S S
Day care center,
small or large
S S P
If the property
contains a vacant
nonresidential
primary structure
P P P
Agricultural and Public Facilities Districts
Accessory Uses
Notes
Day care home, large
See § Sec 26-613; shall not be located
adjacent to one another; in addition,
the City may require a parking and
traffic flow management plan prior to
approval
Day care home, small See § Sec 26-613
Section 4. 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 as follows:
Uses Notes NC RC C-1 C-2 I-E
Day care center,
large
P P P
Day care center,
small
P P P
Day care center,
small or large
P P P P P
Day care center and
preschools, large
P P P
Day care center and
preschools, small
P P P
Section 5. Subsection 26-613.11.i of the Code, concerning home occupations,
is hereby amended as follows:
11. Home occupations are limited to the following business or commercial
activities:
[…]
i. Small day care home. Small and large day care homes, however large
day care homes shall not be located adjacent to one another, and a
parking and traffic flow management plan may be required at the
sole discretion of the Community Development Director prior to
approval of a business license.
Section 6. The table of permitted uses set forth in Section 26-1111.B of the
Wheat Ridge Code of Laws, concerning uses in mixed use zone districts, is hereby
amended as follows:
Permitted Uses
Use Group MU-C MU-C
Interstate
MU-C
TOD
MU-N
…
Ancillary Uses
Day care home, small or large,
as an accessory use to a single
detached, duplex, or single
attached dwelling
P P P P
Section 6. 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 7. Effective Date. This Ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 12th day of June 2023, 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 June 26, 2023, at 6:30 p.m., as a virtual meeting and 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 7 to 0, this 28th day of June, 2023.
SIGNED by the Mayor on this 28th day of June, 2023.
_______________________________
Bud Starker, Mayor
ATTEST:
_________________________
Stephen Kirkpatrick, City Clerk
Approved as to Form
_________________________
Gerald E. Dahl, City Attorney
First Publication: June 15, 2023
Second Publication: June 29, 2023
Effective Date: July 14, 2023
Published:
Denver Post and www.ci.wheatridge.co.us