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HomeMy WebLinkAboutBEAUCAIRE TREATMENT CENTER - PDP - 4-03 - CORRESPONDENCE - CITY COUNCILn Division 3.8. Supplementary Regulations Se~2fion 3t8-4co allowed only after the decision maker has determined thaf�,A* barrier and resulting separation distance are adequate to proi&i U the city from any detrimental impacts resulting from an excessive concentration of group homes in any one (1) vicinity. (3) No permanent certificate of occupancy will be issued by the city for a group home until the person applying for the group home has submitted a valid license, or other appropriate authorization, or copy thereof, from a governmental agency having jurisdiction. (4) If active and continuous operations are not carried on in a group home which was approved pursuant to the provisions contained in this Section for a period of twelve (12) consecutive months, the group home use shall be considered to have been abandoned. The group home use can be reinstated only after obtaining a new approval from the decision maker as outlined in this Section. (Ord. No. 59, 2000 §24, 6/6/00; Ord. No. 107, 2001 §§30, 31, 6/19/01) Supp. 10 Article 3, Page 128-1 Division 3.8, Supplementary Regulations Section 3.8.6(8) a. the adjacent street system is sufficient to accommodate the traffic impacts generated by the large group care facility; b. the large group care facility has made adequate, on -site accommodations for its parking needs; C. the architectural design of the large group care facility is compatible with the character of the surrounding neighborhood; d. the size and scale of the large group care facility is compatible with the character of the surrounding neighborhood; and e. the types of treatment activities or the rendering of services proposed to be conducted upon the premises are substantially consistent with the activities permitted in the zone district in which the facility is proposed to be located. (C) With respect to group homes which require either a Type I or Type 2 review, the following regulations shall apply- (1) Before any group home shall be approved in any zone that requires a Type I or Type 2 review, the decision maker shall conduct such review for the purpose of approving, denying or approving with conditions the application for a group home use in such zone. If approved, -the decision maker shall, with such approval, establish the type of group home permitted and the maximum number of residents allowed in such group home. (2) A group home may be located without consideration to the mini- mum separation requirements as established in subparagraph (A) and (B) of this Section if the group home is separated from other group homes within the area of the aforesaid minimum separation requirement by a substantial natural or man-made physical barrier, including, but not limited to, an arterial street, a state or federal highway, railroad tracks, river or commercial/business district. Such reduction in the separation requirement shall be Supp. 10 Article 3, Page 128 Division 3.8, Supplementary Regulations 3.8.6 Group Home Regulations Section 3.8.6 (A) Residential group homes shall conform to the lot area and separation requirements specified in the following table: Maximum Additional lot Maximum Minimum number of area for each permissible separation Zone residents additional residents, requirements excluding resident excluding between any other supervisors, for (square jeer) supervisors group home minimum lot size (feet)* U-E 3 2,000 8 1,500 R-L, N-C-L, H-C, E, 3 1,500 8 1.500 R-F L-M-N, N-C-M, 6 750 8 1,000 R-D-R N-C-B, D,C-N, 6 500 8 700 C-C-N, M-M-N, N-C, C, C-C, C-L, C-C-R ' The minimum separation distance required between group homes that are located in different zone districts shall be the one that requires the greatest distance. (B) Large group care facilities shall conform to the lot area and separation requirements specified in the following table: Maximum Additional lot Maximum Minimum number of area for tack permissible separation Zone residents additional residents, requirements excluding between any other supervisors, for resident excluding group home minimum lot size square feet) supervisors (feet) L-M-N, N-C-M, 6 750 15 1,000 R-D-R N-C-B, D,C-N, 6 500 20** 700 C-C-N, M-M-N, N-C, C, C-C, C-L, C-C-R The minimum separation distance required between group homes that are located in different zone districts shall be the one that requires the greatest distance. ** The decision maker may determine a higher maximum number of residents to be allowed to occupy the facility upon finding that the facility as so occupied will satisfy the following criteria: Article 3, Page 127 Supp. 10 awn wAcgov.com Division 5.1. Deftnittons Section 5.1.2. Geologic Geologic hazards shall mean unstable or potentially unstable slopes, faulting, landslides, rockfalls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development_ Grade shall mean the elevation of the centerline of the street at the center of the property for the purpose of measuring signs. Grocery store shall mean a retail establishment which primarily sells food, but also may sell other convenience and household goods, and which occupies a space of at least five thousand (5,000) square feet but not more than twenty-five thousand (25,000) square feet. Gross leasable area shall mean the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from centerlines of joint partitions and exteriors of outside walls. Group home shall mean either of the following: (1) Residential group home shall mean a residence operated as a single dwelling, licensed by or operated by a governmental agency, for the purpose of providing special care or rehabilitation due to homelessness, physical condition or illness, mental condition or illness, elderly age or social, behavioral or disciplinary problems, provided that authorized supervisory personnel are present on the premises. (2) large group care facility shall mean a residential facility that is planned, organized, operated and maintained to offer facilities and services to a specified population and is licensed by or operated by a governmental agency, for the purpose of providing special care or rehabilitation due to homelessness, physical condition or illness, mental condition or illness, elderly age or social, behavioral or disciplinary problems, provided that authorized supervisory personnel are present on the premises. Hard goods shall mean bulky, durable goods such as household appliances, furniture, automobiles and farm and construction equipment, which all require extensive floor area for display. Hazardous materials shall mean those chemicals or substances which are physical or health hazards as defined and classified in the Fire and Building Codes. Hazardous materials categories include explosives and blasting agents, compressed gases, flammable and combustible liquids, flammable solids, organic peroxides, oxidizers, pyrophoric materials, unstable (reactive) materials, water -reactive solids and liquids, Article 5, Page 18 Manual and Emma Martinez November 19, 2002 Page 2 Any issues that you would like to discuss regarding this particular application should be presented to the Planner for the project who, I am told, is Bob Barkeen. Sincerely, Ray Marti ezi� Mayor RRM:pec cc: Bob Barkeen, City Planner Enclosure Mayor RECEIVED N 0 V 21 2092 CURRENT PLANNING November 19, 2002 Manual and Emma Martinez 310 Cherry St. Ft. Collins, CO 80521 Re: Beaucare Group Home Dear Mr_ and Mrs. Martinez: In response to the neighborhood concerns regarding the Beaucare Group Home and the possible addition to that group home that maybe presented to the City for review, it maybe helpful to provide you with the City's group home regulations and the City's definition of the term "Group Home". These sections of the City Code may help you in working with the neighborhood to analyze any application that may be filed with the City for approval. The City's group home regulations date back to the late 1970's in response to some state legislation mandating all municipalities to allow certain types of group homes (particularly those for the developmentally disabled and elderly) authorizations in the City's various residential zone districts. Although I cannot discuss the facts of this particular application with you since the matter may come to the City Council on appeal, please be aware of the City's group home regulations which are enclosed. The definition of the term "group home" is taken out of Article V of the City's Land Use Code and Section 3.8.6 of the City's Land Use Code contains the City's group home regulations which include some lot area and separation requirements as well as some requirements with respect to "large group care facilities" to analyze traffic, parking, architectural, size and compatibility issues. Not knowing whether this is a large group care facility or a residential group home, I am not sure whether those criteria would apply. Section 3.8.6(C)(3) requires any group home to have obtained a valid license before it can obtain a certificate of occupancy from the City. This means that management issues are not considered by the City, but rather, are considered by the licensing agency.