HomeMy WebLinkAbout1056 Amending Chapter 3 of Title 16 FDP Pertaining to Regulation of Group Homes 01-08-2025ORDINANCE NO. 1056
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, AMENDING CHAPTER 3 OF TITLE 16 (FIRESTONE DEVELOPMENT
CODE) OF THE FIRESTONE MUNICIPAL CODE, PERTAINING TO THE
REGULATION OF GROUP HOMES
WHEREAS, Title 16 of the Firestone Municipal Code was enacted to adopt the
Firestone Development Code ("FDC"), which establishes comprehensive regulations pertaining
to the use and development of land within the Town of Firestone, along with procedures for
review and approval of all applications for development activity within the Town, including staff
and review board assignments and decision -making responsibilities; and
WHEREAS, Chapter 3 of the FDC currently regulates the zoning of group homes of
various types; and
WHEREAS, the Board of Trustees finds that it is permissible under current case law to
impose supplemental zoning regulations upon residential group homes that are designed, on the
whole, to promote these housing opportunities within the community, by ensuring the owners or
operators of these homes are providing accommodations, care and support for their residents'
individualized, disability -related needs, assisting owners and operators in gaining compliance
from group home residents, and ensuring that group home owners or operators are complying
with their licensing requirements and not operating their homes in unsafe manners or in ways
that create public nuisances; and
WHEREAS, the Board of Trustees desires to amend certain provisions of Chapter 3 of
the FDC to accomplish this objective and to facilitate the integration of residential group homes
into the Towns and
WHEREAS, the Board of Trustees believes these amendments will improve the
understanding and administration of the FDC regarding those regulations and their underlying
goals; and
WHEREAS, the Board of Trustees finds and declares this ordinance promotes the public
health, safety and welfare of the public, including but not limited to its citizens and residents.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The "Group Home, Residential" use type of the "Group Living" use
category row within Table 3-1 (Table of Permitted Uses) of Section 16.3.1 of the Firestone
Development Code is repealed in its entirety and reenacted to read as follows:
Section 2. Section 16.3.2.A.4, "Group Home, Residential," of the Firestone
Municipal Code is repealed in its entirety and reenacted to read as follows:
4. Group homes, state -licensed.
The following requirements apply to all state -licensed group homes, as defined in Section
16.11.3:
a. Generally. All group homes:
i. Shall obtain and maintain all required state, county, and local licenses and all
other certifications required from any other applicable certifying or regulatory
body for occupation and operation.
ii. Shall comply with all standards, rules, regulations and policies promulgated and
adopted by the applicable state, county, and local licensing authority or other
designated certifying or regulatory body.
iii. Shall comply with all applicable state statutes, including without limitation all
provisions of Art. 80 of Title 27, Colorado Revised Statutes, as amended, and
C.R.S. §31-23-303, as amended, and all applicable fire, building and safety codes,
as adopted by the Town.
iv. Separation requirements. No group home within any residential zone district shall
be located on an adjacent lot or parcel or within the spacing requirements
provided in C.R.S. § 31-23-303(2), as amended.
v. Threats to Public Safety. As authorized by 42 U.S.C. § 3604(f)(9), no group home
shall provide housing to any individual whose tenancy would constitute a direct
threat to the health or safety of other individuals or whose tenancy would result in
substantial physical danger to the property of others.
b. Supplemental Standardsfor Recovery Residences. The following supplemental standards
apply to all residential group homes, as defined in Section 16.11.3, which qualify and
receive certification as "recovery residences" pursuant to C.R.S. §27-80-129:
i. Meetings or gatherings on -site that are consistent with this Code's definition of a
Family use shall be allowed, however they shall only be for residents, family of
residents, and necessary persons required for the support, care and supervision of
the resident persons. This does not permit conducting ministerial activities of any
private or public organization or agency or permit types of treatment activities or
the rendering of services in a manner substantially inconsistent with the activities
otherwise permitted in the particular zoning district.
ii. No client, resident or occupant of a recovery residence, who has been discharged
for possessing alcohol, nonprescription drugs, or illicit drugs or otherwise
discharged according to the recovery residence's discharge and transfer policy,
shall enter or remain upon the premises of the recovery residence, unless that
person has been expressly invited onto or permitted to remain upon the premises
by the owner or operator thereof.
iii. No owner or operator of a recovery residence shall encourage, permit, or allow
any individual, including a client:
(1) to engage or continue engaging in any criminal activity or other acts in
violation of the Firestone Municipal Code occurring on or within the
premises; or
(2) to use, adapt, or modify all or a part of the premises in any way to conceal
or facilitate the commission of any activity that constitutes a felony,
misdemeanor, business offense or petty offense under federal, state or
municipal law, whether occurring on- or off -premises.
iv. The owner or operator of a recovery residence shall notify the Director if the
recovery residence's Colorado Agency for Recovery Residences ("CARR")
certification is revoked, suspended, limited, modified, or denied for any reason, or
if the owner or operator has voluntarily surrendered the recovery residence's
CARR certification. Written notification shall be provided within (10) days of
CARR's action or decision on the certification or the date of surrender
v. The owner or operator of a recovery residence shall semi-annually (by March 31
and September 30 of each year), and otherwise upon request by the Town,
provide a certificate to the Town, in a form provided by the Town, documenting
compliance with this section and verifying adherence to all CARR certification
and inspection requirements.
Section 3. Section 16.11.3, "Definitions," of the Firestone Municipal Code is hereby
amended as follows:
A. The definition of Group home, large shall be repealed in its entirety and
reenacted to read in full as follows:
Group home, large. A group home for nine (9) or more persons who do not live in a
Family, according to Section 16.11.3, Family, and who meet this Code's definition of a
Group Living use, according to Section 16.11.3, Group Living.
Be The definition of Group home, residential shall be repealed in its entirety and
reenacted to read in full as follows:
Group home, state -licensed. A group home for eight (8) or fewer persons who do not
live in a Family, according to Section 16.11.3, Family, but do meet this Code's definition
of Group Living, according to Section 16.11.3, Group Living, that either:
1. qualify and receive licensure as a "community residential home" for the exclusive
use of persons with intellectual and developmental disabilities pursuant to C.R.S.
§§25.540-202 and 31-23-303(2)(a), as amended;
2. qualify and receive licensure as a "group home for the aged" pursuant to C.R.S.
§31-23-303(2)(b)(II), as amended,
3. qualify and receive licensure as a "group home for persons with behavior or
mental health disorders" pursuant to C.R.S. §§27-65A02 and 31-23-303(2)(b.5),
as amended; or
4. qualify and receive certification as a "recovery residence" pursuant to C.R.S.
§§2740429 and 31-23-303(2)(b.5), as amended.
C. The definition of Group home, small shall be repealed in its entirety and
reenacted to read in full as follows:
Group home, small. A group home for eight (8) or fewer persons who do not live in a
Family, according to Section 16.11.3, Family, and who do meet this Code's definition of
a Group Living use, according to Section 16.11.3, Group Living.
D. The definition of Group homes for the aged shall be repealed in its entirety.
E. The definition of Group homes for the mentally ill shall be repealed in its
entirety.
Section 4. If any article, section, paragraph, sentence, clause or phrase of this
ordinance is held to be unconstitutional or invalid for any reason, such decision will not affect
the validity or constitutionality of the remaining portions of this ordinance. The Board of
Trustees hereby declares that it would have passed this ordinance and each part or parts hereof
irrespective of the fact that any one part or parts was declared unconstitutional or invalid.
Section 5. Violations of this ordinance shall be punishable in accordance with
Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado.
Section 6. All other ordinances or portions thereof inconsistent or conflicting with
this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or
conflict.
INTRODUCLD, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED BY
TITLE this day of , 2025.
ATTEST:
issy Carranco, Deputy Town Clerk
William P
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FIRESTONE. PLANNING & ZONING COMMISSION
RESOLUTION NO. PC-24-06
A RESOLUTION OF THE FIRESTONE PLANNING &ZONING COMMISSION
RECOMMENDING THAT THE BOARD OF TRUSTEES APPROVE AN ORDINANCE
AMENDING TITLE 16 OF THE FIRESTONE MUNICIPAL CODE
WHEREAS, a L7nitied Development Code ("`tIDC") has been identified as a critical tool
in the implementation of the Town's updated master plans; and
WHEREAS, the UDC, entitled the Firestone Development Code (``FDC") establishes land
use regulations and promotes orderly development within the Town of Firestone; and
�iJI-IEREAS, the FDC is a compilation of development regulations included in zoning,
subdivision, and other land use and development related ordinances and regulations; and
WHEREAS, the Town of Firestone identifies a benefit to amend certain. provisions of Title
16 to address the efficacy of administering the FDC and to guide the growth and development of
the Town: and
WHEREAS, the Firestone Planning &Zoning Commission. has reviewed the draft
amendments to the FDC, and considered the merits of these amendments in a public hearing on
December 5. 2024; and
WHEREAS. the Firestone Planning and Zoning Commission wishes to make a
recommendation to the Board of Trustees regarding the amendments.
NOW, THEREFORE.. BE IT RESOLVED BY THE FIRESTONE PLANNING &
"CONING COMMISSION:
1. "Ihat the Firestone Planning &Zoning Conunission recommends approval of an ordinance
amending Title 16 of the Firestone Municipal Code as detailed in Exhibit A.
INTRODUC'F.,D, READ AND ADOPTED AT A REGi1LAR MEETING OF THE FIRESTONE
PLANNING AND "CONING COMMISSION THE 5rE1 DAY OF DECEMBEI2I 2024.
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EXHIBIT A