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HomeMy WebLinkAbout1993 Ordinance No. 008O/lDINANCE NO . f_ SERIES OF 19 '3 BY AUTHORITY COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER BULLOCK AN ORDINANCE TO AMEND THE COMPREHENSIVE ZONING ORDINANCE TO BROADEN THE SCOPE J\N D SE'ITING OF DAY CARE . WHEREAS, societal changes hav~ pushed lhe concept of day care lo cover nol jwll children but any individual or group of individuals with the need for care and tho proposed amendments are intended to ad~reu tl-rn demand for thi, expanded acope of care; and WHEREAS, s~<h amendments u o to oroaden the type of care that may be provided within the City of Englew.,,(!; and WHEREAS , the Englewood Planning and Zoning Commi11ion held a public Hearing on these propoted amendments on October 20, 1992; and WHEREAS, the Englewood Planning and Zoning Commission accepted lhe reco mm enda tion of the staff and further recommended that City Council amend the child ·care provision s in the B-1 , Bus iness District, which were not included 11 part of the staff' proposal, to be consistent with the proposed amendments; and WHEREAS, this Ordinance shall promote the health, safety and welfare of the citizens of Englewood ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~-Title 16, Chapter 4, Section 2, is hereby amended by adding a new Suboection 0, which will read as follows : 16-4-2: R-1-A SINGLE-FAMILY RESIDENCE DISTRICT: 0 . CONDITIONAL USE. PROVIDED THE PUBLIC INTEREST IS FULLY PROTECTED AND 'fHE FOLWWING USE IS APPROVED BY THE COMMISSION: l. DEPENDENT CARE CENTERS. STRUCTURES USED AS EDUCATIONAL INSTITJ.l'l'IONS , RELIGIOUS INSTITUTIONS, OR PUBLIC FACILITIES, EXISTING AT THE TIME OF THE ENACTMENT OF THIS ORDINANCE, MAY BE CONVERTED FOR USE AS DEPE NDENT CARE CENTERS . Sl:w.wJ.l .. Title 16, Chapter 4, Section 3, Subsection N, is hereby amended by adding a new Pa ragraph 2, which will read as follows : 16 -4-3: R-1 -B, SINGLE-FAMILY RESIDENCE DISTRICT: N. Conditi onal Uses . Provided the public interest is fully protected and the following use is ap proved by the Commission : 1. Small child care center serving five (5) to twelve (12) children . Accessory play eq uipment shall be located in rear yard . 2 . DEPENDENT CARE CENTERS. STRUCTURES USED AS EDUCATIONAL INSTITUTIONS, RELIGIOUS INSTITUTIONS, OR PUBLIC FACILITIES, EXISTING AT THE TIME OF THE ENACTMENT OF THIS ORDINANCE, ''i>S BE CONVERTED FOR USE AS DEPENDENT CARE CEN'l'ERS. ~ Ti ,;e 16, Chapter 4, Section 4, Subsection N, is hereby amended by adding a new Pa •agTaph 2, which will read as follows . 16-4-4 : R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT: N. Conditional Uses. Provided the public interest is fully prote cted and the following u se is approved by the Commission : 1. Small child care center serving five (5) t, twelve (12) cl ,ildren . Accessory play equipment shall be located in the rea , yard. 2 . DEPENDENT CARE CENTERS. STRUCTURES USED AS EDUCATIONAL INSTITUTIONS, RELIGIOUS INSTITUTIONS, OR PUBLIC FACILITIES, EXJSTING AT THE TIME OF THE ENACTMENT OF THIS ORDINANCE, MAY BE CONVERTED FOR USE AS DEPENDENT CARE CENTERS . ~-Title 16, Chapter 4, Section 5, Subsection 0, is hereby amanded by adding a new P"'agTaph 3, which will read as follows : 16-4 -5: R-2 MEDIUM-DENSITY FAMILY RESIDENCE DISTRICT: 0 . Co nd itio nal Use . Provided the public interest is fully protected and the follo l?ir.g A us es are approved by thi Commission. W 1. Small child care center s,ming five (5) t o twelve (12) children. Accessory play equipment shall be 1<,cated in the rear yard . 2 . Group homes which a·:e licensed by the State of Colorado and which provide twenty-four (24) hou , supervision . a . No two (2) gTOup homes , whett.e, under the same or different sponsorship, shall be located within the same block or within the blocks adjacent to the b lock in which the gTOup home is located . This shall not incl ud e group hom es or half-way houses for persons released from corr ectional institutions or facilities . b. Grcup hom es mu st provid e one off-street pa rking space for each member of the staff on duty, an d one space for euch four (4) resident clients. 3. DEPEN DE NT CARE CENTERS. STRUCTURES USED AS EDUCATIONAL I NSTIT UTIONS, RELIGIO US INSTITUTIONS, OR PUBLIC FACILITIES, EXISTI NG AT THE TIME OF THE ENACTMENT OF THIS ORDINANCE , MA\' BE CONVERTED FOR USE AS DEPENDENT CARE CENTERS. -2 - Sl:wPtL.5.. Title 16, Chapter 4, Section 6, Subsection N, ia hereby amended by adding a new Paragraph 3, which will read aa follows: 6-4 -6 : R-2-C MEDIUM-DENSITY RESIDENCE DISTRICT: N . Conditional Use. Provided the public interest i1 fully protected, the following uses are approved by the Commission, except for those group homes which are required by State Statute, the following provision, shall apply : 1. Small child care center sernng five (5) to twelve (12) children . Accessory play equipment chall be located in the rear yard. 2 . Group homes, which are licensed by the State of Colorado and which provide tw enty-four (24 ) hour supervision. Thia shall not include group homes or half- way houses for persons released from conectiona1 inatitutiona or facilities . a . No two (2) group homes, whether under the same or different sponsorship, shall be located w.'thin the .. =• block or within the blocks acljacent to the block in which tho '"' , ...• ,e is located . b. Group homes must provide .. ., off-street parking space for each member of the staff' on duty, an -' .• pace for each four (4) resident cli ents . 3 . DEPENDENT CAR E CENTERS. STRUCTURES USED AS EDUCATIONAL INSTITUTIONS, RELIGIOUS INSTITUTIONS, OR PUBLIC FACILITIES, EXISTING AT THE TIME OF THE ENACTMENT OF THIS ORDINANCE, MAY BE CONVERTED FOR USE AS DEPENDENT CARE CENTERS . ~-Title 16, Chapter ◄, Section 8, Subsection B, is hereby amended to read as follows : 16-4-8 : R-3 HIGH-DENSITY RESIDENCE DISTRICT: B . Permitt.ed Principal Uses. 1. Single-family detached dwelling. 2 . Singl e-family attached dwelli i,g. 3. Two -family dw elling with at least one party wall unde· a common roof. 4 . Mult i-famil y dwellings . Plann ed de ve lopment approval is required for more than four (4) units. 5 . Hos pitals and clinics, but not animal hospital s or clinic s. 6. h'.elir .ment or senior citizen housing, rest homes , and nuning homes . Flanned deve lopment approval is required . 7 . Professional offices in which chattels or goods, wares or merchandise are not comm ercially created or sold . 8. Gnttd-eerc eent:ers . ,,eeu10r, pla) eqt:til'ment ahall 1,,e Jeeat:ecl in t:he rear )&rd . DEPEND1'NT CARE CENTERS. 9 . Educational in1titution1 . 10. Religi ou s institutions. 1 I. PubFc facilities and buildings. ~-Ti Ue 16, Chapter 4, Section 9, Subsection N, is hereby amen ded t., read a s follow s: 16-4-9: R-4 RESIDENTIAUPROFESSIONAL DISTRICT: N . Conditional Use. Provided the public interest is fully protected and the followin c use is approved by the Commission . 1. ~ilil •••• eenter 001 • ing t,1,irteen H3l or more ehiltlron. ,\eeeoeo-, ~lt• e~uipmeot shall be loeateil in the siile and•••• )&rils on!). DEPENDEN'J' CARE CENTERS. 2 . Group hom es, which are licensed by the State of Colorado, and which provide tw en ty-four (24 ) hour supervision . a . No group home shall be located within an eight hundred foo t (800') radius of the proposed group home. b . Group homes must provide off-street parting for each member of the stall' on duty. ~ Title 16, Chapter 4, Section 10, Subsection B, Number 16, is hereby arnendtll bv adding the fo ll owing definition for Dependent Care Centef and will r ead as follows: 16-4 -10 : B-1 F,US INESS DISTRICT: B . Permitted Principal Uses. No building, structure, or land shall be used and no building or structure shall be erected, structurally altered, enlarged ,r maintained unless oth e rwise provided for in this Ordinance except for on e or more of the following uses: 16. Child AND /OR DEPENDENT care cent.er . .5.e.cl.i.lm..l. Title 16, Chop t.e r 8, Section I , is hereby amended by adding the following defin iti on for Dependent Care C•nter and will read as follow s : 16-8-1: DEF INIT IONS : DEPEN DE. 'T CARE CENTER ANY ESTABLISHMENT WHICH PROVIDES LESS THAN TWENTY FOUR (24) HOUR SHELTER, CARE, ACTIVITY AN D SUPERVISION (WITH OR WITHOUT ACADEMIC INSTRUCTION ) FOR INDIVIDUALS OF ANY AGE. lntrod uceJ , r ead in full, and pa ssed on first reading on the 18th day of January, 1993 . -4 - Publi shed as a Bill for an Ordinance on the 21st day of January, 1993. A Public Hearing Wd• held on the 16th day of February, 1993. Re ad by title and 1, '.6eed on final reading on the 16th day of February, 1993. Publi shed by title as Ordinance No . f_, Series of 1993, on the l ~th day ofFebruar y, 1993. ATTEST : 0D~.o. ~ ./~~- ~Wiggins, yor /7 , · · C\..tll /) ~u.L,fL-_. ___ . __ li£.-w Pa tricio H C'·ow, City Cler~ I, Patncia H. Cr n,., City Clerk of the City of Englewood , Colorado, hereby certify that the above a nd for egoing is a t~ copy of the Ordinance passed on final re ading and published by titl e as Ordin ante No . 4--, Series of 1993. ~t@~tld- Patricia ff. Crow -5- F~ru3ry 16, 1993 Nll\TB>BY STAFF SO<ltCE IIBlE/ACllON FIIOPOSED CXXNt1. CDfllllilU'IC\TION 9a&b IMlject Dependent Car~ Zo;ung Amendment Depi!rtment ol Community OeYelopmem Lee D . Merkel , Director of Community Development Staff seeks Council support for an amendment to the Comprehensive ZrJning Ordinance that will expand the scope and setting of dependent care. The amendments will broaden the scope to llllow care to be provided to any person in need of such care rather than Hmlted to children. Also, these amend ments will allow, as a conditional use , the reuse of educational , religious and public faciliti es fo r dependent care . FRl:.VIO(JS Pl»NNG CQMlllll&ONACllON ·1ne Plan ni ng Comm ission held a public heari111J on these proposed amendments on October 20, 1992. At the public hearing one resident expressed concern that dependent care not include mentally retarded individuals or drug or alcohol treatment centers. Staff responded that placing restrictions excluding certain ciaSsts of individuals constitutes discrimination under federal and stat law, and is therefo1 e Illegal . However, the purpose of the proposed amendment is strictly for the provision of day care centers, not treatment or retu,bUltation centers . The Commission accepted the recommendation of the staff with Commission members Draper, Dummer, Ge rlick. Leonard , Tobin , Covens and Schultz voting In favor .and Commission members Glynn and Shoop absent. The Commission further recommended that City Council amend the child care provisions in the B-1 , Business District, which were not included as part of the staff proposal , to be consisten: '.uith the proposed amendments. -.xa<XXl'ICI.ACTION 1his matter was initially discussed during the December 21 , 1992 Council Study Session, and i>mrd on first reading during the regular City Council meeting on January 18, 1993 . At that time, Council decided to hold a public hearing to gather additlonal Input from the community. The public hearing is scheduled for Monday evening . The current regulatlons regarding child care were adopted in 1983 and have not been amended since that time. These regulations were adopted to address the specific issue of day care operations within the City. Since that time sucietal changes have pushed the concept of day care to cover not j ust children but any individual or group of individuals with the need for care . The pro po sed amendments are intended to address the demand for this expanded scope of care . STAFF ANAL \'SIS These proposed amendments are desii;ried to accomplish two goals. The fir..i is to broaden the type of care that may be provided within the City. Currently, the Zoning Ordinance only recognizes child care either as a permitted use or a conditional use. As the demographic profile of the City changes ti.ere is more need for day care to be available for the various dependent populations, such a~ the elderly. The proposed amendments will allow this dependent care to A be provided in a manner consistent with the current regulations for child care . W The second goal of the proposed amendments is to allow the reuse of existing educational , rel igious. and public faciliti t:,. Since these types of facilities are generally located in residential areas and have somewhat limited reuse opportunities , the proposed amendments will allow, with publi c review , the reuse of such facilities . These actions will have no dire-."! financial impact upon the City. Indirectly, there are economic benefits of expanding the scope of day care and the reuse of facilities that may otherwise remain va can t or underutilized . These benefits may include added employment and tax base . STAFF REPORT CASE i"UMBER 2:22 STAU REPORT RE; PllBLICHEARlNG ZONING AMENDMENT Pu blic Hearing on proposed am¢!id . .cnt to S~on1 16-4-2, 16-4-3, 16-4-4, 16-4 -S, 16-4-6, 16 4-8 , 164-9, and !6-8-1 rt 1:,r, Cn nµrdlensive Zoning Ordinanc~. 12AIE..I~li~J. ~ October 20, 1992 PROPQSEP A\fENDJ\:lE+''I ; The proposed amendments are intended to provide for the reuse of public, educational or relig iou s facilities for dependen t care . Dependent care adapted to :se facilities would be trea ted as a conditional use in the R-1-A , R-1-B , R-1 -C, R-2, R-2-C, and R-4 and as a perm itted principal use in the R-3. Also included are definitions for child care and depende nt care . PROCEDlllE ; The City Planning and Zoning Commission will hold a Public Hearing to consider the proposed amendments to the Comprehensive Zonine Ordinance . The Commission may either approve , app rove with amendments , disapprove, or table consideration of the amendments . \voe~ a decision is reac hed, the CommiSS1on will refer the proposed amendments to the City Council with the Commission 's recommendation for final acnon. DEP;\RDIP,: Of CO\NUNITY DEVELOPMENT Ai"lALYSIS; These proposed amendments are being presented to address two specific issues. The first is the adaptive reuse of pub li c, educational , or religious facilities for day care services . The second is to expand the definition of the tcnn day care to include not only children but adults as well. The te1m dependent care wou ld be applied to cover this broader concept. In all residential zone districts public, educational and religious racilitics are P.t:rmitted princ ipal uses. However, the Zorung Ordinance does not fully address how these facilities are to be treated if those uses are abandoned but the structures remain. In some instances these struc rur es can be successfully converted to other permitted uses . In cases where this is not feasible Section 16-4-24: Adaptive Reuse , docs provide for the reuse of these types of strucrures , but it's focus is primarily on the architectural preservation of the strucrurcs . Thus there is a need to provide a mechanism that will allow these strucrurc.1 to be fully utilized . The proposed a 1·0 ~dments will treat the reuse of such facilities as a Conditional Use in all but the R-3 zone d,, .:t . In the R-3 Zone District since child care centerS i!_r~ a permitted use , subs tituting depe r.dent care for child care is being proposed. - The issue of dependent care is 1.:!atively new . As th e .~pulation o1gcs and life expectanc y increases, there is and will continue to be a need for facilities that provide less than twenty- four hour care for adults . By expanding the definition of day care to include all age groups this need is being recogn ized and rcnected in the Zoning Ordinance. These proP>.>!d ameodmell1s are daigDed to add flexibility to the Zoaill& ()rdlnance which rec0CJUZCS the c'.anpna l()Cial cmnc= of the community. nese ameildmellts should be viewed as a modes< attempt to addtaS the needs of our qini; populalion as well as providing for the ~ of sauctura that otbaWise may be unused ot ~ DEPARTI-100 OF rOMMJINJIY nEYIJ!)J'MPIT ggQUMENPAIJON; 'Ibe Departmt:it of Community DeYdopmcnl re::ommends that the proposed amendments be approved and forwarded to City Council fot final action . _. COMPREHENSIVE ZONING ORDINANCE PROPOSED DEPENDENT CARE AMENDMENTS Proposed additions are in bold type . Proposed deletions are in italics. 16-J -2 : R-1-A SINGLE-FAMILY RESIDENCE DISTRICT 0 . Conditional Use. Pro.-lded tbe public Interest Is Cully protected and tbe follo wln ~ use Is approved by tbe Commission: 1. Dependent are centers. Stnictures used as educational Institutions , rellgiolll' institutions, or public facilities, existln& at tbe time of tbe enactment or Ibis Ordinance, may be converted for use as dependent care centers. 16-J -3: R-1-B SINGLE-FA.¼Il..Y RESIDENCE DISTRI CT N. Con di tional Use . Provided th e publi c in terest ii' 1\Jll y protected and the fo llowing us e is appro ved by the Commi ssion : I. Small child care cen ter serving five (5 ) to twelve (12) children . Accessory play eq uipment shall be located in rear yard . .:!. Dependent care centers. Structures used as educational Institutions , relicious insli'.utions , o~ public facilities, existing at tbe time or the enactment or this Ordinance, ma y be converted for use as dependent care cente rs. 16-4-4 : R+C 51):GLE-FAMILY RESIDENCE DISTRICT N. Cond iti onal Use . Provide• .h e public interest it f..J y protected and the following us e is approved by th e Commi ssi on: I. Small child care cen ter serving five (5 ) to twelve (12) children . Accessory play eq ui pment ~hall be located in rear yard . 2. Dependent care centers. Structures used as educational lnstltutlons, reli1ious institutions , or public facilities, exlstln1 at the time or the t.ll!!lment or this Ordinanc •. ma y be converted for use as dependent care centers. 16-4-5: R-2 MED IUM-DENSITY FAMILY RESIDENCE DISTRICT O . Con ditional Use . Provi ded th e public in terest is full y protected and the follo win g us e is app ro ved by the Commission : I. Small child care cent er serving five (5 ) to twelve (12) chi:ar~n . Accessory play eq ui pment shall be located in 1= yard . 2 . Group hom es which a..--e ;icensed by the Sta te of Colorado an d whic h provid e twenty -fo ur (24) ho ur supe rv isi on . a. No two (2) groul' homes , whether under the same or different sponsor p, e · shall be located within the same bloclc or within the blocks adjacent 10 the block in which the group home is located . This shall not include JtOUp homes or half- way house5 for persons released from comctimal institutions or facilities . b. Group homes must provide one off-street parkinf space for each member of the staff on ctuty, and one space for L . ·h four (4) resident clients . 3, Dependent care centers, Structures used 15 educational IDS1ltutlom, rell1lous Institutions, or pubUc racilllles, e.ustln1 at the time oC the enacbnent or this Ordinance, may be convened for use as dependent care centers, 16-4-6 : R-2-C J',fEDIUM-DENSITY RESIDENCE DISTRICT N. Cond itional Use . Provided the public interest is fully protected and the follo wing use is appro"ed by the Commission: I. Small child care center serving five (S) 10 twelve {12) children . Accesso ry play eq ui pment ~ be located in rear yard. 2. Gro u;, homes which arc licensed by the !.tate of Colorado and which pro vide twenty-fo ur (.?4) hour supervision. a. No two (2) groul' homes, whether under the same or different sponsorsh ip, shall be located within the same block or v.ithin the blocks adjacent to the bloc k A in which tile croup home l, located. This sh.ah not include group homes or half-W way houses for persons released from correctional institutions or facilities b. Group homes must provide one off-street parkini space for eac ~ 11ember of the staff on duty, and one space .for each four (4) resident clients . 3. Dependent care centers. Structures used 15 educational Institutions , relieious inst itutions, or public facilities, existlnc at the time or the enactment oC this Ordinance, may be convened (or use as dependent care centers. 16-4-8 : R-3 IDCiH-DENSITY RESIDENCE DISTRICT B. Permine,, Principal Uses I. Sing le.fami ly detached dwelling 2. Single-family •ttached dwelling 3. Two•fa.'l'l ily dwe lling with at least one party wall under a common roof. 4. Multi-family dwelling . Planned Development approval is ~uired for more than four (4) units . S. Hospital s and cli nics , but not animal hospitals or clinic s. 6. Re tirement and senior citizen housing, rest homes, and nurs · g homes . Planned - development appr ;val is required . 7. Professional offices in which chattels or &cods, wares or merchandise are not commercia.Uy crealCd or sold . 8. Ould care cmers. Accessory play equlpmm1 shall be locared in the rtar yard. 8. Dependent care centers. 9. Educational instirutions 10 . Religious instirutions . 11. Public facilities and buildings 16-4-9: R-J RESIDENTIAL/PROFESSIONAL DISTRICT N. Conditi onal Use . Provided the public interest is fully protected and the following use is app roved by the Commission : 1. Large child care ctnrers serving rhirrun (JJ j or T1Wrt children. Accessory play equip111enr shall be locami in IM rear yard. l. Dependent care centers. 2.Group homes, which are licensed by the State of Colondo, and which provide twenty-four (24) hour supervision . a. No group home shall be located within an eight hundred foot (800 ') rad ius of the proposed group home. b. Group homes must provide off-street parking for each member of the stiff on duty . 16-8-1: DEFINmONS DEPE.\'DE.\'T CARE CDo'TER Any establishment which proYides less than twenty four (24) hour shelt~r, care, actl..ity and supervislon (with or without ataci'emic Instruction) for individuals oranyqe. -· CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN IBE MA TIER or CASE 19-92 ) FINDINGS OF FACT, CONCLUSIONS,) AND RECOMMENDATIONS ) RELATING TO mE AMENDMENT ) OF IBE COMPREHENSIVE ) ZONING ORDINANCE TO ALLOW ) FOR "DEPENDENT CARE" ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission members present: Leonard, Tobin , Covens, Draper, Dummer, Gerlick , Schul\Z Comm ission members absent: Shoop, Glynn Th is ma ner came before the City Plann in g and Zoning Commission for Public Hearing on Oc to ber 20, 1992 at the instigation of the Depanment of Community Development 10 amend the Comprehensive Zoning Ordinance, to permit the conversion of public, religious and edu- cational in stitutions , no longer used for their original purpose, tu "Dependent Care" facilitie s. Mr . Lee D. Merkel, Director of Communi ty Development, and 'fr . Harold J. Stitt, Planning Admin istrator , were present and gave testimony before the Commission . The Staff Report and e orai testimony were received and incorporated into the record -,f the Public Hearing . After cons idering the statements of witne sses and reviewin& the relevant doc11ments, the Ci ty Plan -A ning and Zoning Commi ssion made the following findings and conclusions : • I. 2, 3. 4. 5. 6. 7. FINDINGS OF FACT IBA T the Public Hearing was initiated at the City's request to consider the amendment of the Comprehensive Zoning Ordinance . IBA T notice of the Public Hearing was published in the Eng)ewood He@!d . the offi. cial Cit y Newspaper, on October I, 1992 . IBA T Mr . Harold J. Stitt, Planning Administrator , testified that the purpose of the proposed amendments is to allow for the conversion of public, religious and educa- tional facilities that are no longer used for the origina. purpose to "Dependent Care " fa. cilities . IBA T Mr . Stitt testified that the proposed amendment will add a Conditional Use pro- vision to the R-1-A-, Single-family Residence Zone District. IBAT Mr . St itt testified that anv conversion of the aforementioned facilities must be approve d by the Planni ng and Zoni ng Commission as a Conditional Use in the R-1-A , R-1-B, R-1-C , R-2 , R-2-C, and R-4 Zone Districts. IBA T Mr. Stitt testified the amendments would also allow Dependent Care centers as a permitted use in the R-3 Zone District in lieu of "Child Care Centers". THAT Mr . Stitt tes tified that staff had neglec ted to include amendment of the B-1 Zone District in the ad vert isement for the Publ ic Hearing, and that th is section of the 8. 9. I. 2 . 3 . Ordinance should also be amended to allow "Dependent Care Centers• in lieu of "Child Care Centers". THAT Mr. Stitt defined "Dependent Care " as • Any establishment which provides less than twenty-four (24) hour shelter, care, activity and supervision (with or without aca- demic instruction) fo r individuals of any age.• This definition will be incorporated into t I 6-8-1 of the Comprehensive Zoning Ordinance . lRA T Mr . Lee Merlcel testified that the proposed amendments are in compliance with the intent of the Comprehensive Plan. lRAT Mr. Robert Porter, 3250 South Washington Street, testified to his concerns re- gardi ng use of former public, religious and educational buildings, and advised that residents do not want such strucrures converted to alcohol or drug treatment centers . Mr. Porter further testified to his concerns were a dependent care center to care for a number of mentally disabled individuals . CONCLUSIONS lRA T proper notice was pub lished in the ~. the official City news- paper, on October I, 1992 . lRA T the Staff Report regarding the proposed amendments to the Comprehen sive Zoning Ordinance shall be made a par of the record of the Public Hearing . THAT testim ony from both staff and public in attendance at the Pub lic Hearing was re- cei ved and made a pan of the record of the Public Hearing . 4. THAT the proposed amendments to th e Comprehensive Zoning Ord inance will allo w for continued use of public, religious and educational builc.lings, which are no longer used for the original purpose , for Dependent Care Centers upon approval by the Plan- ning and Zon ing Commission . DECISION . THEREFORE , it is the decision of the Plann ing and Zoning Commission that the proposed amendments to the Comprehensive Zoning Ordinance be approved and referred to City Coun- cil with a favorable recommendation . Thi s decision was reached upon a vote on a motion made at the medng of the Planning and Zo ni ng Commissio n on October 20, 1992, by Mr . Draper, seconded by Ms. Leonard , whic h mo ti o,, states : The Pl anning Commission rec ommend to City C Jun~! that the Comprehensive Zon ing Ordinance be amended by adding thereto the following new sections : §16-4-2 -0, Con - ditional Use ; §16-4-3-N-2, Dependent Care Centers ; §16-4-4 -N-2, Dependent Care Centers; §16-4-5-0-1, Dependent Care Centers; §16-4-6-N-3, Der.ndent Care Cen- ters . Sectilln :6 -4 -t,•B-8 be amend!:.! y substitution of "Dependent Care Centers " for the existing "ch,;d care center "; §16-4-9-N-1 be amended by substituting Depe nde nt Care Ce nters for L~e existing "Large child care centers serving thirteen (13) or more children. Ac<.:~rory play equipment shall be located in the rear yard ." Section 16-8-1 be amended by ~.rldrng the follow ing defini ti'>n: DEPENDENT CARE CENTER: Any estab lishment which provides less than twenty fou r (24) hour shelter, care, activity and supervision (with or without academic instruction) for in dividuals of any age . 2 Those votin& in favor of the mocion: Covens, Draper, Dummer, Gcrllck, Leonard , Tobin, Schultz. Mesus. Shoop and Glynn were absent . The Commission further recommended, on a motion by Mr. Gerlick, se;;onded by Ms . Tob in: The Planning Commission recommend to City Council that the B-1 Zone District , §16- 4-10-B-16 be amended by substituting "Dependent Care Cent.er" for the existing "Ch ild care centz:r". Those voting in favor of the motion : Draper, Dummer, Gerlick , uonanl , Tobin, Cove ns, Schultz . Messn _ Glynn and Shoop were al .ienL Th ese Findings fFactandConcl us;• ___ ·: ·,veasofthemeetingof0ctober20, 1992. By Orde r of th e City Planni ng & Zoning Comm ission 3 0- January 18 , 1993 INITIATFD BY STAFF SOURCE ISSl.JEIACllON PROPOSED COUNCI. COMK.JNICATION Agenda llom 11 b Sul,j,,d Dependent Care Zoning Amendment Department of Community Development Lee D. Merkel , Director of Community Development Staff seeks Council support for an amendment to the Compre he nsive Zoning Ordinance that will expand the scope and setti ng of day care . The amendments will broaden the scope to allow care to be provided to any person in need of such care rather than limited to children . Also , these amendments will allow, as a condition· 1 use , the reuse of educational, religious and public facilities for dependent care. PREVIOUS PlANNING COMMISSION ACTION The Plann ing Commission held a public hearing on these proposed amendment. on October 20, 1992 . At th e public hearing one resident expressed concern that dependent care not include mentally retarded ind ivi duals or drug or alcohol treatment centers. Staff responded that placing restrictions exclud ing certain classes of individuals constitutes discrim ination under federal and state law , and is therefo re illegal. However, the purpose of the proposed amendment is strictly for the provision of day care centers, not treatment or re habilitation centers. The Comm iss ion accepted the recommen,1ation of the staff with Commission members Draper, Dummer. Gerlick , Leonard, Tobin , Covens &n d Schultz voti ng in favor and Commission members Glynn and Shoop absent. The Commission further recommended that City Council a men d the chil d care provisions in the 8 -1, Business Distri ct, which were not included as part of the staff pro posal , to be consistent with the proposed amend me nts . PREVIOUS COUNCL ACTION This matter was d iscussed d uring the Decemb er 21 , 1992 Council Stud y Session . lbe current regulations regarding child care were adopted In 1983 and have not been amended since that time . These regulations were adopted to address the specific issue of day care operations within the City . Since that lime societal changes have pushed the concept of day care to cover not just children but any individual or group of individuals with the need for care. The proposed amendments are intended to address the demand for this expanded scope of care . STAFF ANAL\~ These proposed amendments arc designed to accomplish two goals . The fu-st is to broader, the type of care that may be provided within the City . Currently, the Zoning Ordinance only rec.ognizes child care either as a pennitted use or a conditional use. As the demographic profile of the City changes there is more need for day care to be available for the various dependent populations, such as the elderly. The proposed amendments will allow this dependent care to be provided in a manner consistent with the current regulations for child care . The second goal of the proposed amendments is to allow the reuse of existing educational , religious, and public facilities . Since these types of facilitie s are generally located in residenti al areas and have somewhat limited reuse opportunities, the proposed amendments will allow, with pu blic review, the reuse of such facilities . mANCIAl. IMPACT These actions will have no direct financial impact upon the City . Indirectly, there are economic benefits of expanding the scope of day care and the reuse of facilities that may otherwise remain vacant or underutilized . These benefits may include added employment and tax base.