s For an ordinance relating to zoning, amending Article I (General) and Article

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Wendy Patterson
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1 2 BY AUTHORITY ORDINANCE NO. ~ 1/~ COUNCIL BILL NO. ~ SERIES OF 2005 COMMITTEE OF REFERENCE: Blueprint Denver A BILL For an ordinance relating to zoning, amending Article I (General) and Article 6 Ill (Ditrict Regulation) of Chapter 59 (Zoning) of the Revied Municipal 7 Code, a amended, relating to helter for the homele and requiring an 8 annual report to City Council BE IT ENACTED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER: 11 Section 1. Section 59-2(66), the definition of Church or religiou intitution, i amended and 12 reenacted a amended by deleting the language tricken and adding the language underlined to 13 read and be read a follow: 1 Sec. 59-2(66) Church or religiou intitution: A building, together with it acceory 15 building and ue, where peron regularly aemble for religiou worhip and which building, 16 together with it acceory building and ue, i maintained and controlled by a religiou body 17 organized to utain public worhip. Shelter for the homele may be operated within and by 18 a church. Such helter may be operated for up to eventy five (75) one hundred and twen_ty 19 (120) day in either conecutive or nonconecutive order per calendar year with any number of 20 reident, or it may be operated throughout the entire year with one (1) of the following: a 21 maximum of either eight (8) reident or any number of peron bearing to each other a 22 relationhip a defined in ection 59-2(96) (Dwelling, ingle-unit). If uch limitation i exceeded, 23 the helter mut comply only with the pacing and denity requirement of ection 59-80(2)c.. 2 (reidential care ue; pacing, denity, ite and other requirement), and need not comply 25 with any other requirement of ection 59-80(2) (reidential care ue). Acceory building 26 and/or ue may include a church-related college provided uch college i regulated by the 27 acceory ue regulation of the zone ditrict in which it i located and i a facility of a church 2 or religiou intitution and which may include religiou training or tudy. 29 Section 2. Section 59-82(d)(5)c. i amended and reenacted a amended by deleting the 30 language tricken and adding the language underlined to read and be read a follow: 31 Sec (d)(5)c. Shelter for the homele Permitted location. Shelter for the homele hall be allowed only in the C-MU-20, 33 R-MU-30. C:.:MtJ:.:30, T:.:MU:.:30, R-3, R-; R-5; 8:.:A:.:t, 8-3, B-A-3, 8:.:, ~, B'-7, ~a, MS-t, MS:. 3 2, MS-3, 1-0, 1-1, 1-2 and 0-1 zone ditrict Number of bed. The number of bed in the helter halt not exceed two hundred

2 (200). Notwithtanding the preceding entence, for helter having a zoning permit a of 2 January 1, 2005 allowing two hundred (200) bed or more, the maximum number of bed in 3 the helter hall not exceed three hundred and fifty (350). There hall be no more than nine hundred and fifty (950} bed in permanent homele helter in any Council Ditrict 5 3. Shelter allowed in churche or building owned by nonprofit corporation or 6 governmental entitie. 7 L. Shelter operated within and by a church need not comply with the proviion of thi ubection provided the following limitation i atified. Such helter may be operated 9 for up to eventy five (75) one hundred and twenty (120) day in either conecutive or 10 nonconecutive order per calendar year with any number of reident, or it may be operated 11 throughout the entire year with one (1) of the following: a maximum of eight (8) reident or any 12 number of peron bearing to each other a relationhip a defined in ection 59-2(96), ingle 13 unit dwelling. If uch limitation i exceeded, the helter mut comply only with the requirement 1 of ection 59-82(d)()a., pacing and denity regulation, and need not comply with any other I 5 requirement of ection 59-82, reidential care ue. 16 ii. Temporary helter operated in building owned by nonprofit corporation or by 17 governmental entitie need not comply with the proviion of thi ubection provided the 18 following limitation i atified. The Zoning Adminitrator hall have the power to iue a ceae 19 and deit order or otherwie cloe temporary helter not meeting thee limitation: 20 L Such temporary helter may be operated for up to one hundred and 21 twenty (120) day in either conecutive or nonconecutive order per calendar year with a 22 maximum of one hundred (100) reident. If uch limitation i exceeded. the temporary helter 23 mut comply only with the requirement of ection 59-82(d)()a"' pacing and denity 2 regulation, and need not comply with any other requirement of ection 59-82, reidential care 25 ~ 26 IL Prior to opening a temporary helter in building owned by non-profit 27 corporation or by governmental entitie, the operator of the temporary helter hall ubmit to 28 the Zoning Adminitrator evidence (A) that the Denver Department of Human Service i 29 involved in the propoed temporary helter: (B) that a public meeting relating to opening the 30 temporary helter wa held: (C) that at leat even (7) day prior to the public meeting. notice 31 of uch public meeting wa given to thoe neighborhood organization regitered according to ection 12-9 whoe boundarie encompa or are within even hundred (700} feet of the 33 propoed ue and to the City Council member in which the propoed temporary helter will be 2

3 located, and flyer announcing the public meeting were ditributed at leat three (3) day prior 2 to uch public meeting to all propertie within three (3) block of the propoed temporary 3 helter; and (D) that a Community Overight Committee ha been created, coniting of the Councilmember in whoe ditrict the propoed temporary helter i located and at leat four () peron who reide within fifteen hundred (1500) feet of the propoed temporary helter, to 6 addre neighborhood iue relating to the ongoing operation of the temporary helter. The 7 Community Overight Committee may encourage appropriate partie to enter into a community 8 agreement to addre uch iue. 9. Spacing required from a chool. Propoed helter for the homele hall be 10 located more than five hundred (500) feet from a chool meeting all the requirement of the 11 compulory education law of the tate Application for a permit for a helter hall contain information addreing the 13 following matter: 1 1. Maximum reident capacity; 15 ii. Characteritic of the client group; 16 iii, Acceibility of the ite to other ervice and facilitie which are needed by 11 reident of the propoed helter; 18 iv. General hour of operation; 19 v. Service provided; 20 vi. The adequacy of off-treet parking to erve the taff and reident, uch a 21 parking to be located either on the ite and/or nearby ite; 22 vii. If a new building i to be contructed, the compatibility of it propoed 23 architectural characteritic and ite deign to the urrounding neighborhood; 2 viii. The availability of retroom facilitie erving the helter reident while the 25 helter i cloed including, but not limited to, retroom facilitie provided by the city; 26 ix. The placement and uperviion of waiting area o that the operation of the 21 helter hould not normally create obtruction or problem in the ue of adjacent public right- 28 of-way; 29 x. Evidence that the propoed helter for the homele will comply with the 30!imitation on external effect a etablihed for ue by right in the ditrict in which it i to be 1... Joq~ted; t:1nd 32 xl Other characteritic of the operation which the applrcant may deem to be of 33 ignificance. 3

4 6. No permit hall be approved unle the zoning adminitrator find that the propoed 2 helter will not ubtantially or permanently injure the appropriate ue of conforming reidential 3 propertie located within five hundred (500) feet of the propoed ue. Evidence of uch injury hall clearly etablih the anticipated pecific problem attributed to reident of the propoed helter for the homele while in or around the helter a ditinct from the general problem 6 attributed to peron uing or paing through the ubject area Except for an increae in the number of bed up to three hundred and fifty (350) 1 puruant to ection 59-82(d)(5)c.2,, and notwithtanding the retriction of ection 59-82(e)() 9 and 59-82(e)(5) below, the permanent increae in the number of helter reident or in the 10 amount of floor area of uch helter exceeding ten (10) percent hall require the approval of a 11 ue permit according to the procedure etablihed in ection 59-82(d). In reviewing requet 12 for uch increae, the review committee and the zoning adminitrator hall conider the 13 matter lited in ection 59-82(d) The zoning adminitrator ha the authority to upend the term of thi ection (d)(5)c. in emergency, life threatening ituation a defined by rule and regulation 16 promulgated by the zoning adminitrator All tructure occupied by a homele helter hall comply with all Denver Bullding 1 Code, Zoning Code and other regulation. 19 Section 3. In order to review the effectivene of the change to the zoning code relating 20 to homele helter in helping implement the Ten Year Plan to End Homelene found in 21 City Clerk File No , the zoning adminitrator, in conjunction with the Department of 22 Human Service, hall ubmit an annual report to the appropriate City Council Committee 23 detailing the following: 2 1. Number of helter bed on the report date; Number of new helter bed created ince the lat report; Number of new helter bed located in MS and MU Zone Ditrict; 21. Number of temporary helter bed created ince the tat report; and 2 5. Decription of whether thoe temporary helter bed were located in churche, or 29 are located in building owned by governmental entitie or non-profit corporation. 30 COMMITTEE APPROVAL DATE: 8/10/05 MAYOR-COUNCIL DATE: 8/23/ ~~1111,L+~g..::.,,,a'j~6-@~Ci:.-...,li,CJIIIC.hi...,;;..;:,., PRESIDENT /, ~t/1 AP ~:.J;t:~~~~- AYOR 2005

5 ATTEST: -+-=-:~---=-+-r'-h---6-"'----~~_,,, - - CLERK AND RECORDER, 2 EX-OFFICIO CLERK OF THE 3 CITY AND COUNTY OF DENVER 5 NOTICE PUBLISHED IN THE DAILY JOURNAL ~T, 2,. 2005; epr;_ 3' PREPARED BY: KAREN A. AVILES, ASSISTANT CITY ATTORNEY; Augut 2, Puruant to ection 13-12, D.RM.C., thi propoed ordinance ha been reviewed by the office 8 of the City Attorney. We find no irregularity a to form, and have no legal objection to the 9 propoed ordinance. The propoed ordinance i not ubmitted to the City Council for approval 10 puruant to of the Charter Cole Finegan, City Attorney 13 1 BY~,~"'"":~"'-\ -~='J_,_,_A_L)< ;, J~ - City Attorney DATE: _Z,_Y_/')_.~-l~i'l---o_;;_c;_ r.,, ",,,-:; ':,'#,,.., '--,. 5

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