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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 Ordinance No. 535 is hereby repealed in its entirety.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 Ordinance No. 550 is hereby repealed in its entirety.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