Loading...
HomeMy WebLinkAboutKING GROUP HOME - 36-87 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 10 PLANNING AND ZONING BOARD MEETING OF August STAFF REPORT PROJECT: King Group Home - 505 Brown Street - #36-87 APPLICANT: Dola King OWNER: Same 505 Brown Street Fort Collins, CO. 80525 PROJECT PLANNER: Debbie deBesche PROJECT DESCRIPTION: Request for a group home for four elderly individu- als, located at 505 Brown Street, zoned R-L, Low Density Residential. RECOMMENDATION: Approval with conditions EXECUTIVE SUMMARY: This is a request for a group home for four elderly residents, plus staff (Mr. and Mrs. King), in the R-L, Low Density Residen- tial zone district. The City's Zoning Ordinance provides three require- ments for the review of group homes: 1) That the home be licensed or approved by a governmental agency; 2) That the size, scale and overall appearance of the group home be consistent with the general character of the neighborhood, and; 3) That the group home not be generally located closer than 1/3 mile from any other group home unless separated by a "phys- ical barrier". The proposed group home will consist of four (4) elderly patients plus two (2) caretakers. The ages of the residents will be 62 years or over; none of the elderly residents will be allowed to drive or store automobiles; there will be no exterior changes to the structure other than facial, and; the group home will be licensed by the Colorado Department of Health. There are conditions of approval which address these issues. It is staff's findings that the proposed group home will be consistent in size, scale and overall appearance with the neighborhood. In addition, the home will be licensed by an appropriate governmental agency, and is located greater than 1/3 mile from another group home. The request satisfies the three criteria for the review of group homes, therefore, Staff is recom- mending approval with conditions. OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6750 SERVICES, PLANNING DEPARTMENT King Group Home - 505 Brown Street - #k36-87 August 24, 1987 P & Z Meeting Page 2 1. Background The surrounding zoning and land uses are as follows: N: R-L; Single family resident S: R-L; Single family resident E: R-L; Single family resident W: R-L; Single family resitlent' In 1981, the City adopted group home regulations which sought to provide for the placement of a variety of group homes as well as establish reason- able requirements with respect to the licensing, separation of group homes, and impact on the neighborhood. The special review procedures do not require a rezoning. Rather, group homes are considered a legitimate use in the zone, subject to satisfying the applicable review criteria and approval process. The City's ordinances provides three requirements for group homes in the R-L, Low Density Residential, zoning district as follows: 1. That the group home be licensed or approved by a governmental agency; 2. That the size, scale and overall appearance of group homes be consis- tent with the general character of the neighborhood in which it is located; and 3. That the group home not be generally located closer than 1/3 mile from any other group home "unless a physical barrier, such as an arterial street or highway, railroad tracks, waterway, commercial district, topographical change or other characteristic, would avoid the concen- tration of group homes". The Planning and Zoning Board has final approval for granting group homes. The Board may place conditions on the approval of the group home including but not limited to number and type of residents, parking, and conditions relating to future alterations to the structure itself. The approval of a group home normally is passed with the property. However, the Board may place a condition limiting the approval of the use to the applicant and/or service provider. Any change from these conditions would require that the applicant resubmit to the Planning and Zoning Board. The decision of the Planning and Zoning Board may be appealed to the City Council. In reviewing requests for group homes, the City must look only at the ques- tion of whether the group home would comply with the codes of the City. King Group Home - 505 Brown Street - #36-87 August 24, 1987 P & Z Meeting Page 3 Many subdivisions are also subject to private covenants which may deal with the issue of whether a group home is permissible or, if permissible, how it may be operated. The City should not become involved in the question of whether private covenants have been complied with or not. 2. Review Criteria The City Code provides three requirements for the review of group homes as follows: 1. The home be licensed or approved by a Governmental Agency. Response: Mr. and Mrs. King, the applicants, have stated that the facility will be licensed through the Colorado Department of Health, Health Facili- ties Regulation Division as a "personal care boarding home". The license includes the following requirements: building and fire safety; opera- tor/personnel requirements; services; medications, and; resident's rights. The City will require that the license be received prior to issuance of occupancy permits for the group home use. 2. The size, scale and overall appearance of the group home be consistent with the general character of the neighborhood. Response: There will be no exterior changes to the home; residents will not be allowed to drive or store automobiles on the property; and the resi- dents of the home will be limited to elderly, 62 years old or over. The traffic generated and parking requirements from the development will be typical of a single family residence. 3. That the group home not be generally .located closer than 1/3 mile to another group home "unless a physical barrier, such as an arterial street or highway, railroad tracks, waterway, commercial district, topographical change or other characteristic, would avoid concentration of group hones". Response: The proposed group home is located greater than 1/3 mile from any other group home. The nearest group home is located approximately 3/4 mile from this proposed site. 3. Neighborhood Meeting On Wednesday, July 1, 1987, at the First Christian Church, the Staff held a neighborhood meeting on the proposed group home. A list of issues raised at that meeting is attached. King Group Home - 505 Br5wn Street - tt36-87 August 24, 1987 P & Z Meeting Page 4 STAFF RECOMMENDATION The proposed group home satisfies the requirements of the City Code relat- ing to Group Homes in that it will be licensed by a governmental agency (Colorado Department of Public Health) and the size, scale and overall appearance will be consistent with the general character of the neighbor- hood. The proposed Group Home is located greater than a third mile from any other group hone. Staff recommends approval of this request for King Group Home with the following conditions: 1. The hone is limited to four (4) elderly individuals, 62 years or over in age. 2. Maximum of two (2) staff persons/care takers. 3. The elderly residents would not be allowed to drive nor store auto- mobiles on the property. 4. There will be no exterior changes to the residence other than minor facial changes (new awning, correct a porch defect, etc). 5. The approval of the group home shall not be transferable to succes- sors in interest to the described property and shall terminate auto- matically upon conveyance or lease of the property to others. 6. The yard and landscaping shall be maintained in an orderly manner, including the trimming of the bushes along the rear property line. No Text l.�AL t��zlp`�'IoN LaT 12, SI-oGK 5 is-OLiTH 40LLp-&E FFeIC�H fs — -NTH SuVViVl-llOH M 40 LEGAL DESCRIPTION: Lot 12, Block 5, SOUTH COLLEGE HEIGHTS SEVENTH SUBDIVISION, in the City of Fort Collins, according to the recorded Plat thereof, County of Larimer, State of Colorado. also known as street and number: 505 Brown Street, Fort Collins, Colorado 80525 L E KING GROUP HOME 505 Brown Street PROGRAM OBJECTIVES, RESIDENT CAPACITY, STAFFING & SUPERVISION, ETC. It is the objective of the King Group Home to provide a loving and caring home for the elderly. Residents are provided with 3 well-balanced meals, daily baths, and laundry service. Residents are taken on shopping trips and other excursions by the Kings in their van as none of the residents drive. The maximum number of residents is limited to 4 to provide more personalized attention. The Home is staffed by Mrs. Dola King and her husband. Between the two of them the residents are never left alone, they have 24 hour care. There have been no conditions or restrictions placed on this Home by any agency. 0 CITY OF FORT COLLINS OFFICE OF DEVELOPMENT SERVICES, PLANNING DEPARTMENT NEIGHBORHOOD MEETING FOR THE KING GROUP HOME DATE: July 1, 1987 LOCATION: First Christian Church, 608 East Drake Road TIME: 7:00 - 9:00 P.M. 1. There are deed covenants which do not allow group homes in the neigh- borhood. How then can the City allow a group home to be reviewed for a license? RESPONSE: Group homes are allowed as a legal use in all residential zones in the State of Colorado and the City of Fort Collins subject to the local review process. Deed covenants are not public law that were adopted by the governing body of the City and therefore are not recog- nized or enforced by public officials. If disputes arise between pri- vate parties over interpretations of deed covenants, then it becomes a private matter between the private litigants and the City is not involved. 2. The deed covenants prohibit the use of signs in the neighborhood and the King home has a small sign. Is this a zoning violation? RESPONSE: The R-L zone allows one identification sign per one -family or two-family dwelling, provided such sign does not exceed two (2) square feet in area per face. 3. What are the uses by right in the R-L zone? RESPONSE: One -family dwellings, public and private schools for elementary and high school education, public and nonprofit quasi -public recre- ational uses as a principal use, essential public utility and public 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221.6750 SERVICES, PLANNING 0 • service installations and facilities, churches, group homes subject to special review, accessory buildings and uses, any land use located on planned unit development as defined, processed, and approved according to Section 118-83 (PUD Ordinance) of the Zoning Code. 4. There is a concern that the maintenance of the home will decline and have a negative effect on the surrounding property values. RESPONSE: Mr. and Mrs. King have always kept the home in good condition and will continue to do so in the future. 5. There is a concern that the elderly residents will not be properly sup- ervised. RESPONSE: Either Mr. or Mrs. King will provide constant supervision. b. There is a concern that the granting of a special group hone license will set a precedent that others can cite in obtaining other variances throughout the neighborhood. RESPONSE: The Planning Staff cannot anticipate the number and type of variances that will be requested in any given neighborhood. Variances, in general, range from setbacks for additions to the number of allow- able pets. Group hones, however, are subject to the special review by the Planning and Zoning Board rather than the Zoning Board of Appeals. Presently, City Code requires that no licensed group hone can be located within one quarter of a mile from another licensed group home. 7. How much medical care will the elderly receive? RESPONSE: Mr. and Mrs. King are prohibited from administering medicines or prescriptions. All medicines or prescriptions are kept under lock and key. The elderly take their own. The group home is not the equivalent of a full fledged nursing home. 8. What are the ages of the elderly? RESPONSE: 83,89, and 89. 9. Is Mrs. King incorporated under the state laws? RESPONSE: No. 10. Will Mrs. King be allowed to transfer the special group home license to a third party if she sells the property? RESPONSE: When granting the special license, the Planning and Zoning Board may grant the right to a specific piece of property or to a specific user. If the license is granted to a piece of property, then the rights are transferable. If the license is granted to a specific user, then the rights are not transferable. Lately, the trend is that the license is granted to a specific user. This is the City procedure only. The state license is a different matter. 0 11. Would Mrs. King be allowed to physically expand the home? RESPONSE: Yes, under the specifications of the building code. 12. Is there a parking requirement for group homes? RESPONSE: There are no off-street parking requirements for group homes for the elderly where it can be shown that none of the clients drive. rVA v V U PROJECT: k ING *^.,eo TYPE OF MEETING: AIZZSH,lORAiAd DATE: 9 w O 7 UP lyomE AD AEETin/6. M� NAME ADDRESS WRITTEN NOTIFICATION YES/NO OWNER p1AlL a1 g. 'TER o S OtJ q 3 3 _�e��Y� ►�-e L?29 ��i�c��oJ ✓ r t i 2 In? . Al u L-B�eR �j 5 O �� ii'Jtz _ ✓ -k� )IC- co 8ar_l Sol Sf-0,,)h C'�-azc�c "�'� l G'� Cj � L� l �.zC•z.�--ram ._.cam-- �- ...e.�,� E 0 503 Princeton Road Ft. Collins, Co 80525 Ms. Debbie deBesche, Project Planner Office of Develpment Services, Planning Dept. City of Ft. Collins, P 0 Box 580 Ft. Collins, CO 80522 Dear Ms. deBesche: This is in regard to the King Group Home planned for 505 Brown Avenue. A conflict in my schedule will not permit me to attend this public meeting on this proposal. For the record however my wife and I want to say that we think that this concept is an excellent approach to a growing concern. I as sure that this will provide an attractive and affordable alternative for the residents of this home. We welcome then to our neighborhood. There is one area of concern which should be addressed. The common fence between our properties and which belongs to the 505 Brown property is in very bad shape needs to be repaired or replaced. Also the shrubbery on their back lot line has been permitted to grow to the extent that it is actually pushing the fence down into our yard. This shrubbery should be pruned to eliminate this problem. We have �a the_. past made temporary repairs to keep the fence. from falling over,!but we feel that this problem should be resolved by proponents of this project at this time. Again we think that this project is excellent, however we do urge thht the fence problem be resolved now. I was raised on a farm in Iowa and my father always told me "good fences makes good neighbors". urs truly Dean A. Schip�ek Lbrraine E. ScUpper' AN 191907 PAS;�- TRECEIVEb • 0 JUL 6 1987 !PUNNING 2111 Glenfair Dr. CIEPARTMENT Greeley, Colo. 80631 July 1, 1987 City of Fort Collins Planning Department 300 LaPort Ave. Fort Collins, Colo. Dear Sirs: _ I will be unable to attend the meeting, scheduled this evening at the First Christian Church in Fort Collins, to consider a proposal to place a group home for elderly persons at 505 Brown Avenue in South College Heights. I own a rental property located at 504 Tulane Avenue in South College Heights, have owned it since 1980, and have no plans to sell. The zoning is an important consideration in purchasing any property. It is equally important in maintaining property values. For%N these reasons, I oppose strongly any proposal to make exceptions to the single-family zoning, which, I assume, exists throughout this development and, specifically, 505 Brown Ave. Four persons today can be expanded to a larger number a few months hence. Or, once an exception is granted to a group home, someone else can more easily obtain an exemption for Tome other departure from single-family use. The character of the neighborhood then begins to change, to the dismay and dollar loss of not only investors, like myself, but the home owners who live there. Put the four people into an area that is zoned multi -family. What's wrong with that? They have no more right to live in a single-family zoned area than I have to violate the zoning laws. Sincerely, Dr. Lawrence Ashlock