Loading...
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5B, 6B, 7B, 8B, 9B, 10B, 11B, 14B, 15B and 16B of Appendix A of the Code of Laws of the City of Wheat Ridge are hereby repealed and reenacted as follows: "Residential Group Home for children.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 &TTn PNP.V