Loading...
HomeMy WebLinkAboutOrdinance-1996-1044 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Dalbec Council Bill No. Ordinance No. 1u44 Series of 1996 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF LAWS PERTAINING TO GROUP HOMES FOR HANDICAPPED, DEVELOPMENTALLY DIS- ABLED, ELDERLY PERSONS, AND CHILDREN, AND DECLARING AN EMERGENCY. WHEREAS, the City of Wheat Ridge desires to more fully comply with applicable laws of the State of Colorado and the United States pertaining to residential group housing opportunities for the handicapped, developmentally disabled, mentally ill, and elderly persons; and WHEREAS, such residential group homes should be compatible in size, bulk, aesthetics, and intensity of use as other residential uses for the zoning district in which the use is located; and WHEREAS, unless limited or prevented by state or federal law, the City of Wheat Ridge desires to regulate, review, and approve residential group homes to ensure compatibility between group homes and existing residents and existing land uses and protect the health, safety, and welfare of the City's residents. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. Subsection (P) (1) of Section 26-30 of the Wheat Ridge Code of Laws is hereby amended to read: (P) Residential Group Homes: (1) Residential group homes for eight (8) or fewer developmentally disabled persons, mentally ill persons or for elderly persons. In accordance with C.R.S., 1973, as amended, S 31-23-303, group homes for not more than eight (8) developmentally disabled, mentally ill persons and elderly persons are permitted. (a) Group Homes for the Developmentally Disabled: This is a residential facility licensed by the state for the purpose of providing 24 -hour staff care, shelter, supervision, training and/or rehabilitation to no more than eight (8) developmentally disabled persons and GED\53U'27\ltd3QO.1 addi tional required staff. As defined in C.R.S. 5 31-23-303, "Developmentally disabled" means those persons having cerebral palsy, neuromuscular, 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 fifteen hundred (1500) square feet for each bed contained within the home. No group home for the developmentally disabled shall be located closer than two thousand (2000) feet from another group home for the developmentally disabled and no closer than seven hundred fifty (750) feet to a group home for the elderly, o.nd in no inotancc oh~ll more than onc (1) group homc for cight (8) or fc\:cr dcvclopmcnto.lly dio~blcd peroono be permittcd ~ithin cach council diotrict. (b) Group Homes for Elderly Persons: This is a residential facility established as either an owner-occupied or nonprofit group home for the exclusive use of not more than eight (8) persons sixty (60) years of age or older who do not need skilled and intermediate care facilities, plus no more than two (2) live-in staff persons. A group home for elderly persons shall not be architecturally designed so as to be inconsistent with the character of the surrounding neighborhood. Every group home for elderly persons shall meet all requirements of a single-family home and, additionally, shall meet the requirement that the lot area shall be a minimum of fifteen hundred (1,500) square feet for each bed contained within the home. No group home for elderly persons shall be located closer than two thousand (2,000) feet from another group home for elderly persons. and no closer than seven hundred fifty (750) feet to a group home for the developmentally disabled, ;J.nd in no inot;J.nce oh;J.l1 more tho.n one (1) group homc for cight ((3) or fc-,:cr cldcrly pcroono bc pcrmittcd ~ithin e~ch council diotrict. GED\53027'l6JJQO.l - 2- (c) Group Homes for the Mentally ill: This is a residential facility for persons with mental illness, as that term is defined in C.R.S. ~ 27-10-102, licensed by the state for the purpose of providing 24-hour staff care, shelter, supervision, training and/or rehabilitation to no more than eight (8) mentally ill persons and additional required staff. A group home for the mentally ill shall not be architecturally designed so as to be inconsistent with the character of the surrounding neighborhood. Every group home for the mentally ill shall meet all requirements of a single-family home and, additionally, shall meet the requirement that the lot area shall be a minimum of fifteen hundred (1,500) square feet for each bed contained within the home. No group home for the mentally ill shall be located closer than two thousand (2,000) feet from another group home for the mentally ill and no closer than seven hundred fifty (750) feet to a group home for the elderly or developmentally disabled, o.nd in no inotancc shall more than one (1) group home for eight (8) or fc-.:cr mentally ill peroono permitted '.:ithin cClch council diotrict. (d) Certificate of Occupancy: Prior to occupancy of any group home for the mentally ill, the developmentally disabled or elderly persons, a certificate of occupancy must be requested through the department of community development. The planning division shall review such requests relative to all zoning requirements, and the building inspection division shall review such requests relative to the building and fire codes prior to issuance of a certificate of occupancy. -Hl: addition, thc department of community development oho.ll poot a oign on the premioeo, in a highly ~ioiblc location, for a time period of fifteen (15) dayo prior to thc ioouanee of a certifico.te of occupancy, with ouch oign o.nnouncing thc intent to occupy the premioeo ~ith 0. group home. The oign io for information purpooeo only 00 tho.t intereoted po.rtic:J mo.y rc-v"ic,J the propooa1 in the department of community development. Section 2. Subsection (P) (3) of Section 26-30 of the Wheat Ridge Code of Laws is amended to read: GED\53027\1 63300.] - 3- (3) Residential group home for children. This is a residential facility, lawfully licensed or certified 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 fifteen hundred (1500) square feet for each child residing at the home, shall be located no closer than two thousand (2,000) feet from another group home of any kind, and 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. ~ no inotJnce ohJl1 marc tho.n one (1) :Juch group home bc permitted per Co.ch council diotrict. In order to assess a proposed residential group home facility, the following information shall be submitted by the applicant and used by the 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, walls, 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 facility information: the agency licensing with the following 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. GED\.'D027'.163390.1 -4- 3. The number of children for whom the license is being issued. 4. The approximate children. ages of the 5. The proposed procedures and methods to be used in operating the facility; i.e. permanent resident staff, rotating staff, owner- occupied residence, etc. (c) Any special use permit granted pursuant to this section shall be limited to its effectiveness to the applicant therefor, and shall provide, by its terms, for termination upon cessation of ownership, management or use of said applicant. The limitation specified in this subsection (P) (3) (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 neighborhoods 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 (1) year, and shall be automatically renewable by the director of the department of community development upon receipt of any 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 GED\5302T,!63390.! - 5- group home during the term of the special use permit have been received. If any such complaints have 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 3. Effective Date; Emergency Declared. Pursuant to Section 5.13 of the Charter, the City Council declares that this ordinance is necessary for the immediate preservation of public property, health, peace, or safety and, to that end, adopts this ordinance as an emergency ordinance, in that it is necessary to bring the affected portions of the Wheat Ridge Code of Laws into compliance with federal statute and applicable case law concerning local regulation of group homes, and further, to make the procedure as amended hereby available to pending group home applications. This ordinance shall be effective upon passage. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or Application thereof to any person or circumstances shall for any reason be judged 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 5. Inconsistent Ordinances. All other ordinance or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a vote of 5 to 4 on this 9th day of September ,1996, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge. GED\5302T,l633g0.1 - 6 - SIGNED by the Mayor on this 10th day of September , 1996 ~~ DAN WILDE, MAYOR ATTEST: ~~~~ GERALD E. DAHL, CITY ATTORNEY Publ ished on September 13, 1996; Wheat Ridge Transcript GED\S30l7\1633g0.l -7-