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Home My WebLink About1996 Ordinance No. 064• • • 10 b 1 BY AUTHORITY ORDINANCE NO. Id SERIES OF 1996 COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER VORMJTTAO AN ORDINANCE AMENDING TITLE 16, CHAPTERS 4 AND 8, OF 'i'HE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO THE REGULATION OF HOME DAY CARE FACILlTIES IN THE R-1-A ZONE DISTRICT. WHEREAS, day care homee located in the R-l•A 7.one Diatrict approached City Council requesting that the Zoning Ordinance be amended in aome manner to allow home day care in the R-1-A Zone District; a.nd WHEREAS, the Enslewood City Council Reaolutioo No. 52, Seriee of 1996, established a policy to cease zoning enforcement for day care buainNlee in the R-l·A district that were licenaed by the Stats of Colorado and operating prior to June 3, 19%; and WHEREAS, tbia limit to •onin& enforeement ia effective from June 3, 1996 through Oetober 21, 1996 and only appliea to the prohibition oi a day care buaineaa in the R-1-A and not to other provisions of the Englewood Municipal Code; and WHEREAS, City Council directed the Neighborhood and Bua.neu Development Staff to review the situation and pn,pare a recommended coune of action; a.nd WHEREAS, this Ordinance would permit home day care as a Conditional Use in the R-1-A Zone District; and WHEREAS, these amendments ,.,.. based on the c:urTODt Colorado Department of Hum11:~ Services, Division of Child Care rules n,gulating child care homes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~-The C'cy Council of the Cit)> of Engl-ood, Colorado hereby approves amending Title 16, Chapter 4, Section 2, Preamble oftbe Englewood Municipal Code. 16-4-2: R-1-A, &™OLE-FAMILY BBSIDBNCE DlSTJUCT: This District is co mpooed of certain quiet, low-density residential arua of the City. The regulations for this District are designed IX> atabiii%e and protect the essentia l characteristics of the Di1trict, EXCEPT FOR CERTAIN CONDITIONAL USES WHICH ARE CONTROLLED BY SPECIFIC LIMITATIONS GOVERNING THE SIZE AND EXTENT OF SUCH USES and tn promote and encourage a auitable e nvironment for family life . To these ends, development is limited IX> a relatively low concentration, and permitted uaes are limited basically IX> 1ingle-f • ..,ily dwellings, educational institutions and religious in stitutions , plus certain publi c facilities , whi ch serve the residents of the District . -1- ✓ .sstim.2, The City Council of the City oCEnalewood, Colorado hereby approveo ammdin& 'l'itl• 16, Chapter 4, Section 2, Pan,raph 0, o{tbe Enstewood Municipal Code to read u followo: lM-2: B..1-A, SINGLE-FAMILY RESIDENCE !'ISTIUCT: 0. Conditional Uoe: Pl'<>vided the public intereot is fully protected and the following uoe ia approved by the Commisaion: 1. FAMILY CHILD CARE HOME OR INFANTll'ODDLER HOME. 2 . t'ependmt care centers: Btruc:tun!e uaed u educational inatituti011.1 , religious inotitutions or public facilities, existing at the time of the enactment ofthia Ordinance, may be C<M'·erted for UJe .. dependent care centers . S!:di.aDJ!. The City Council of th. City of Englewood, Colorado hereby approves amending Title 16, Chapter 4, Section 3, Paragraph M, Number 5, of the Englewood Municipal Coda to read aa rou,..., 16-4-3: B..1-B, SINGLE-FAMILY JU;:SIDENCE DISTIUCT: M . Accessory Buildings And Permitted Acceuory Uaes : 5. Home occupation. Occupations customarily incidental to the principal use u a residence when conducted in the same dwelling, provided that the following conditions are met: i . FAMILY CHILD CARE HOME OR lNFANTffODDLER HOME. A tla, -• home fer .ite -. of""" '8 fem ( ll chilolren ma, he perlD!l*~ill atJ a heme aecdpaften. ~-The City Council of the City of Englewood, Colorado hen,by approves amending Title 16, Chapter 4 . Section 3, Paragraph N, Number 1, of the Englewood Municipal Code to read as follows : 16-t-3: B..1-B,SINGLE-FAMlLYRESIDENCEDISTIUCT: N . Conditional Uses : Provided the public intereat is fully protected and the following use is approved by the Comm ission : l. LARGE CHILD CARE HOME: GhHtl ear• een,en. Small ehiltl _, .... tag li,e (&l '8 tnelue (lUl ehillifea . Accessory play equipment shall be loca ted in rear yard. ~-The City Council of the City of Englewood, Colorado hereby approves am ending Title 16, Chapter,, Section 4, Chapter M, Number 5, of the Englewood Municipal Code to read as foll ows : lM -t: IU-C, SINGLE-FAMILY RESIDENCE DISTRlCf: M . Accessory Buildings And Perm itted Accessory Uaea : -2-• , .. • • • 6. a-occupa~: Opcapatiou CIJllolllarily iDdtlo.aa1 to the principal use u a Nllld,mce when cond..t.d in the aame dwellmr, ,,rovided that the foll~ conditiona are met: i. FAMILY CHILD CARE IIOME OR INFANTtroDDLER HOME. ,'> d..,. -• heme fer the -e •-11.., Ill emlMen ma, lM:: penn,~~ H a hMBe I t : ti . Sl:s:tilm.§. The City Council of the City of Enalewood, Colorado htnby approves amending Title 16, Chapter 4, Section,, Chapter N, Number l, olthe Englewood Municipal Code to read as follow■: 16-f-C: R..l..C, SINGLE-FAMILY BESIDENCE Dl8TBICT: N . Conditional Uaes: Provided the public int,,J'e8t i• fully protected and the following uae ia approved by the Commiuion: 1. LARGE CHJLD CARE HOME: Gluld eere ••-~. Small ehild oare eeMeP -..g fi.e !6l lo ., ol.e (}Ill eltbCHM!I . Accessory play equipment ahall be located in tLe rear yard. S!:!:wm...1 . The City Council of the City of Englewood, Colorado ben,by approves amending Title 16, Chapter 4, Section 5, Chapter N, Number 5. ofth<! Englewood Municipal Code to read as follows : 1646: R..2 MEDIUM-DENSrI'Y ~ENCE DIS'I1UCT: N . Accessory Buildings And Permitted Acceasory Uaea: 5 . Home occupations: Occupations customarily incidental tD the principal use as a reaidonce when conducted in lhe same dwelling, provided that the following condition■ are met: i . FAMILY CHILD CARE HOME OR INFANT/TODDLER HOME. ,'> do, eat'O ltMlle fer !,Ito 1110 llf•• le fe.,. (ll ohildren 1110) he permiUed "" • home eee1tpoijen . ~-'fhe City Council of the City of Englewood, Colorado hereby approves ameoding Title 16, Chapter 4 , Section 5, Chcpter 0, Number 1, of the Englewood Municipal Cod e lo read a., follow■: 16-4-5: R..2 MEDIUM-DENSITY RESIDENCE DIS'I1UCT: O . Conditional Use: Provided lhe public interest is fully protected a.n~. the following uses are approved by tho Commi,ai on, ezi:ept for those group homes whlch are required by State statute, t.'ie following provis ions apply : 1. LARGE ClilLD CARE HOME . 6111111 J ~ld -• eenie< serving ft¥., !ol le l!l,el,e (lg j ehiHr en. Accessory play equipment shall bi, located in the rear yard . -3 - llmilll.1-Tbe City Coundl of the City olBnclowood, Colorado Mhby .,._.,.. amllllllnl 'l1tle 11, Cbaplilr ,, Bedbl I, Clulplilr M, Number 5, oltbe Jl:naltn,ood Munldpal Cade to ..ad u tbllowa: 16+6: &-S-C MEDIUJI.DENSITY RBSIDENCE DIBI'RICI': M . Acceeaory Buildinp And Permitted ,\cct!Nory Uae ■: 5. Home occupation■: Occupation, cu1tomarily incidental to the principal \IN u a reaidence when conducwd in the aamo dwelling, pro-,ided that the following conditiona on mot: i . FAMILY CHILD CARE HOME OR INFANTtrODDLER BOMB . .'.-, we homo for U.e eo,e of one '9 hm (0 emlthen me, lte permitMd ae a heme aeettpa.Soe. ~-The City Coundl of the City of Englewood, Colorado hereby approve• amending Title 16, Chapter 4, Section 6 , C?u,pter N, Number 1, of the Englewood Municipal Code to rud u followa: 16+6: &-Z.C MEDIUM-DENSITY Rl!8JDENCB DIBI'RICI': N . Conditional Uae: Prwided the public intereat ii fully protected, the following....,. are approved by the Commlaaion , except for thoae group homes which are required by State Statute, the following proviaions shell apply: 1. LARGE CHILD CARE HOME. Small ehild eare eenter oe, ,ing t=i,e E6) '9 •~•I e (!Ul ehililren. Accetsory play equipment shall be located in the rear yard. lk!:tilm...ll. The City Council of the City of Englewood , Colorado hereby approves amending Title 16 , Chapter 4, Section 8, Chapter 0 , Number 7, of the Eni!Jewood Municipal Code to read as foll ows: lM-8: &-3, HIGH-DENSITY RESIDENCE DISTB!CT: 0 . Accessory Buildings And Permitted Acc""sory Uses: 7. Hom e cccupation: Occupation, customarily incidental to the principal use aa a resi den ce when conducted in the iame dwelling, provi ded that the following conditions are met: i . FAMILY CHILD CARE HOME OR INFAKrtrODDLER HOME .• •, da, we home for die eere efone t,e follt' (61 ehildren m-, Mi penni~tl ae I heme eeeu_19Hien. Ss!l:tiwl..J.2 . The City Council of th, City of Engl ewood, Colorado hereby approves amending Title 16, Chapter 4, Sectior. 9 , Chapter M , Number 5, of the Eni!Jewood Municipal Code to read as follo ws : 16-4-9: R-4 RESIDENTIAlJPROFESSIONAL DISTRICT: M . Accessory Buildings And Permitted Ac ce1&ory Uses: -4- • • • • • 5. Home occupadcma: OccupatioM cuato~ incidental lD tqe principal -u a Nlidence when conductecl in the oame dwellinir, provided that the followinc conditiona are met: i. FAMILY ClllLD CARE HOME OR INFANTtrODDLER HOME. ,t, ol-, OMe heme l'er lhe eere of•• '"l'eur (i) ehHolr en ma, IN. pemitMd ae a heme aucttpMiee. ~-The City Cou.,cil r,f the City of Englewood , Colonado, hereby approves amending Title 16, Chapter 8, S.:,!ion 1, of the Eoglewoocl Municipal Code with the ineertion of the following definitions in lllp~abetical order. FAMILY CHILD CARE HOME: lNFANT/rODDLER HOME : -5- A CHILD CARE FAClLITY THAT PROVIDES IESS THAN 24-HOUR CARE FOR 2 OR MORE CHILDREN ON A REGULAR BASIS IN A PLACE OF RESIDENCE . CHILDREN IN CARE ARE FROM DIFFERENT FAMILY HOUSEHOLDS AND ARE NOT RELATED TO THE CAREGIVER . CARE MAY BE PROVIDED FOR 6 CHILDREN FROM BIRTH TO 16 YEARS OF AGE WITH NO MORE THAN 2 CHILDREN UNDER 2 YEARS OF AGE . CARE ALSO MAY BE PROVIDED FOR NO MORE THAT 2 ADDITIONAL CHILDREN OF SCHOOL AGE ATTENDING FULL- DAY SCHOOL. RESIDENTS OF THE HOME UNDER 12 YEARS OF AC:E WHO ARE ON THE PREMISES AND ALL CHILDREN ON THE PREMISES FOR SUPERVISION ARE COUNTED AGAINST THE APPROVED CAPAC ITY. A ClllLD CARE FACILITY THAT i'ROVIDES LESS THAN 24-HO UR CARE QHLY FOR CHILDREN WHO ARE BETWEE N BIRTH AND S YEARS OLD IN A PLACE OF RESIDENCE . THE CAREGIVER MAY HAVE NO MORE THAN 1 CHILD OR FOSTER CHILD BETWEEN 3 AND 6 YEARS OF AGE . IF THERE IS 1 CAREGIVER , THERE MAY BE A MAXIMUM OF 4 CHILDREN, WITH NO MORE THAN 2 CHILDREN UNDER 12 LARGE CHILD CARE HOME : MONTHS, INCLUDING THE CAUOIVBR'S OWN CHILDREN. IF THERE ARE 2 CAREGIVERS CARING FOR THE CIDLDREN AT ALL TIMES WHEN CHILDREN ARE PRESENT, THERE MAY BE A MAXIMlJ]I( OF 6 CHILDREN' BETWEEN BIRTH AND 3 YEARS OLD, AND NO MORE THAN 3 OF THOSE CHILDREN CAN BE BETWEEN BIRTH AND 1 YEAR OLD, INCLUDING THE CAREGIVER'S OWN ClllLDBEN. A CHILD CARE 1'ACILITY THAT PROVIDES CABE FOR 7 TO 12 CHILDREN WHO ARE NOT RELATED TO THE CAREGIVER lN A PLACE OF RESIDENCE . CHILD CARE MAY BE PROVIDED TO CIDLDREN FROM 24 MONTHS TO 16 YEARS OF AGE . CARE MAY BE PROVIDED TO NO MORE THAN 2 CHILDREN UNDER 2 IF OLDER SIBLINGS ARE IN CARE . RESIDENTS OF THE HOME UNDER 12 YEARS OF AGE V.'HO ARE ON THE PREMISES AND ALL CHILDREN ON THE PREMISES FOR SUPERVISION ARE COUNTED AGAINST THE APPROVED CAPACITY . ~-Safoty C)auau The City Council , hereby finds , cetermines, and declares that this Ordinance is promulgated under the general police power oi the City of Englewood, that it is promulgated for the h ealth, safety, and welfare of the public, and that this Ordin&nce is necessary for the preaervation of health a nd s afety and for the protection of public con venier,ce and welfare. The Ci ty Council further determines that the Ordinance heart' a rational relation 1D the proper legisl ative object sought to be obtained . ~-Severability If any claus•!, sentence, paragraph , or part of this Ordinance or the application thereof 1D any person or circumstances shall for any reason be acljudged by a court of competent j urisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. ~ Inconsistent Ordinnnc es All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed t.o the extent of such inconsistency or conflict. -6- • • • • • Sldiml.ll. Bffirt r< npyl PE mgdjQcetioo The r..,..i or IIOdlllcatim, at any p,-..naio!I en,,. !'.ode at the City of Enil!ewood by tiaia Ordinance aball nat relea ■e , enizlculah, alter, ni<!Cllfy, or chanp in whole er in part u,y pmalty, forf.iluNI, or liability, either civil •• criminal, which aball ban beM Incurred under auch pnmaion, u,d each proviaion aha!l be treated 'and held u atilJ remaininJ in forco for the purpoaeo of s111taining any and all proper actiona, auita, proceedinp, and pnMeCUtions for the enforcemeti.t of the penalty, forfeiture, or liablllty, u well u for the pwpoee of auataining any judgment, decree, or order which can or may be rendered, entered , or made in such actiona, auita, p:-oceedinp, or proeecutiona . ~-flulalt:t. Ti>e Penalty Provieion of E .M.C. Section 1-4-1 ahall a pply to each and every violation of this Ordinu,ce. ~-A Family Child Care Home or lnfant/l'oddler Home that wu liceuoed by the State prior to June 3, 1996, shall be allowed to regiater a si.t,gle location with the City and shall be allowed to operate at that location in the R-1-A. All Family Child Care Homes or lnfant/l'oddler Homes m111t obtain a conditional w,e within two (2) years. Introduced, read in full, and paaoed on first reading on the 7th day of October, 1996. Published ao a Bill for an Ordinance on the 10th day of October, 1996. A Public Hearing wao held on the 4th day of November, 1996. Amended, reintroduced, read in full , and paaaed on the 18th day of November, 1996 . Published as amended on the 21st day of November, 1996. Read by title and paosed on final reading on the 2nd day of December, 1996. Publiahed by title aa Ordinance No . (cf, Series of 1996, on the 5th day of December, 1996. ~ 1 l trm J113u/J •J Thomas J . Burns, Mayor I, Loucrishia A. ElliB , City Cl erk of the City of Englewood , Colorado, hereby certify that the a bove and foregoing is a true cof~f the Ordinance pasaed on final reading -· ~""''' 0> ,Oo ll ""'-• No 'Cf Sorio ~ t! /Jh Loucrishia A. Ellis -7 - • • • COIJNCD, COMMUNICATION DATE : October 7, 1996 AGENDA ITEM SUBJECT : Day Care in 11 a V Residential Zone Districts INITIATED BY : Office of Neighborhood STAFF SOURCE : Harold Stitt , and Business Development Planning c,,IIIIJMlity Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; Quality of Life, Economic Development The issue of day care in residential zone distriCIS came to the attention of City Council as a result of a code enforcement action taken against a day care provider operating within the R-1 · A Zone District. Subsequent to that action , several day care providers requested that City Council consider amending the zoning regulations governing day care in the residential zone districts. On June 3. 1996, in response to this issue, City Council imposed a six month moratorium on further code enforcement actions against such home day<are facilities , and directed staff to prepare amendments regulating such activities in the City of Englewood . RECOMMENDED ACTION: Staff reco mmends that a Public Hearing be scheduled for November 4, 1996 to consider the proposed amendment to the Comprehensive Zoning Ordinance pertaining to home day-<:are in re sid ential zone districts , and to approve said amendments . BACKGROUND. ANALYSIS. AND ALTERNATIVES IDENTIFIED; Home da y-c are is currently allowed as a home occupation in all residential districts except the R-1-A . The Haff, in reviewing the home day care situation city -wide , provided fhe Planning Commi ss ion .1 comprehensive amendment addressing i•ome da y care in all residen•ial zo ne di stricts and not just the R-1-A Zone Di strict. The proposed amendments are based on the current State of Colorado Departm ent of Human Se rvice s. Divis ion of Child Care rule s regulating child care home s. The se regulations defi ne three t) pes of home da y care : fami ly chi:d care home, infan t/todd ler home . and large day care II GROU P\DOARns,rLANCO \t~rcoUNCIL COMM\C'ASE 0Rl"96-0l cc ocx: home. The oomben of c:hildren that 1111y be cmd for vary with 111Ch CllqOl'y, with the "large child-are home" allowing a maximum of 12 children . The proposed amendmc:m would allow "family child-are homes" and "infant/toddler homes" as a Conditic 1111 Use only in the R-1 -A District . The amendment would also allow "family child-care hones" and "infant/toddler homes " as a holl'le occupation in the R-1-B, R-1-C, R-2, R-2-C, R-3, and R-4 Zone Districts . The • large child care-home", simil.ir to what the Zoning Ordinance currently classifies as a "small child-<:are center" and wouJJ be allowed only as a Conditional Use in the R-1-B, R-1 - C, R-2 , R-2-C, R-3 and ll-4 Zone Disuicts . Conditional Uses are approved by the Planning and Zoning Commission after a Public Hearing, public notice being given by way of published notice and posting of the subject propcny. The proposed amendments also include definitions for each of the !hr."« types of day care facilities. The Plannin~ Commission held a Public Hearing on the proposed amcndmems on August 20, i996. However , no one attended the Hearing either in favor of or in opposition to the proposed amendments. The Planning Commission voted , six in favor, two in opposition, one absent . to recommend approval of the proposed amendments. FINANCIAL IMPACT: The revenues to be realized by the City from Conditional Use application fees ($75) are minor. LIST OF ATTACHMENTS; Bill for Ordinance Staff Repon Case #OR-96-03 Finding s of Fact for Ca se #OR-96 -03 H IGROUP"..OOA RDS\PLANCO MM\COUNC IL COM M\CASE OR0%-0) CC IXX: • • • • TO: THRU: FROM: DATE: Pllllllina 1111d Zonins O!mmiaioa Robert Simp,cm, Manaacr ofNcipbcdlood and B111inas Development ~ Harold J. Stitt, Planning Community Coordinator August 20, 1996 SUBJECT: Proposed home day care arncndmmls to the Comprehensive Zcning Ordinance REQUEST: City Council has directed the Staff to prepare a set of amendments which address the regulation of home day care facilities in the City ofEngle....ood . RECOMMENDATION; The Office of Neighborhood and Business Deve:loputent recommends that the Planning and Zoning Com,nission approve the proposed day care amendments . BACKGROUND AND ANALYSIS; This request from City Council is the result of a code enforcement action taken against the operator of a day care home located in the R-1-A Zone District. After the issuance of the Notice of Violation, the opcrator, Tonda Gatewood, approached City Council requesting that the Zoning Ordinance be amended in some manner to allow home day care in the R-1-A Zone District. In response to Ms. Gatewood's and other day care operators request, City Council placed a moratorium on all enforcement action against existing day care homes ill the R-1-A Zone District and directed Neighborhood and Business Development Staff to review the situation and prepare a recommended course of action. In response to Council's concern and request Staff propose to pcnnit home day care only as a Conditional Use in the R-1 -A Zone District . In addition, amendments proposed for other residential zone districts are intended to make the home day care regulations c,•nsistent with current state regulations . The arn, ndments are based on the cum:nt Colorado Department of Human Services, Division of Child Care rule s regulating child ca_n: homes . These regulations define three types of home day care : family child care home , infant/toddler horn., 'l!ld large <Ill ~ care home . A. A family child care home is defined as a type ol family care home that provides less than 24-hour care for 2 or more childr,n on a rcgul or basis in a place of residence. Childrco in care are from different family !1ouseholds and are not related to the caregiver. A famil y child care borne must comply with the following regulations: I . Care may be pro vided for 6 children from binh to 16 years of age with no more than 2 children under 2 years of ·,ge . 2. Care also may be provi cied for no more that 2 additional children of ;chool age attending full-day school. H \G ROUP\BOARDS\PLANrOMM\O R96-~lSR.lX>C A larae child care liomc is the equivalent of wbal die <:omp..._a Zonlna Ordinance idenliBa u a small child care center. The amc of this trJ!e of facility -changed by the Division, of Child Care In more accuntr.ly n:flect die residential nacare of the "9C, PROPOSED AMENDMENT; The following are the specific sections for which day care amendments are proposed . The proposed additions are in bold upper case text and the proposed deletions are in lllil61 IM!ll@h text. 16-4-2: R-1-A , SINGLE-FAMILY RESIDENCE DISTRICT : 0 . Conditional Use : Provided the public interest is fully protected and the following use is approved by the Commission : 1. FANilL Y CHILD CARE HOME OR INFANT/fODDLER HOME. 2. Dependent= centers: StructUJes used as educational institutions, rdiaious institutions or public facilities, existing a: the time of the enactment of this Ordinance , may be converted for USC as dependent care centers. (Ord. 8 Series 1993) 16-4-3: R-1-B , SINGLE-FAMILY RESIDENCE DISTRICT : M. Accessory Buildings And Permitted Accessory Uses : 5. Home occupation: Occupations customarily incidmtal to the pru&ipal ~ as a rc5idcnce when conducted in the same dwelling, p :ovidcd that the iollowing conditions are met: i. FAMILY CIIlLD CARE HOME OR INFANT/fODDLER HOME~ -he1111 fe . Iha HN ef 8111 le ,·ew (4j aliil .. n -, •• ,-i .. 11 as a heme ~- N. Conditional Uses : Provided the public interest is fully protected and the following usc is approved by the Commission : I . LARGE CHILD CARE HOME Child e&M eenlen;: SIB&ll alitlll aaN aenler ~ Ii•·• (5) le t ·el e (ll) ehilaA!a . Accessory play equipm ent shall be located in rear yard. 16-4-4 : R-1-C , SINGLE-FAMILY RESIDENCE DISTRICT : M. Accessory Buildings And Permitted Accessory U ;s: 5. Home occupation : Occupations customarily incidental to th e principal use as a residence when conducted in the same dwelling , provided that the following conditions are met: i . FAMILY CHILD CARE HOME OR INF ANT/fODDLER HOME A4ty ll&N heffle fer lhe UH ef ene le few (4) ehihiNn IMj' be p11'1Ri111d 116 a haffle ~- H IG ROUP\llOAROS\PLANCOMM\0"96--0JSR .OOC 3 • • • • • • 7. ,Hoqic ~; Oen...., ~y ~ ID die priDcipal W M I residence when conduc1ed in 1he ame dwellina, provided tliat ibc followina conditions are met : i. FAMILY CHILD CARE HOME OR INFANT/fODDLER HOME,._.,. aa,1 he1111 for•• MN ef BM le few (4) ,hil._ aay 91 p1111li1111il II a heme eMlljl8liee. 16-4-9 : R4 RESIDENTIAL/PROFES l1JONAL DISTRICT: M. Accessory Buildings And Pcanitted Accessory Uses : 5. Home occupations : Occupations customarily incidental to the principal use as a residence when conducted in the same dwelling, provided that the following conditions are met: i. F'AMIL Y CHILD CARE HOME OR INFANT/fODDLER HOME~ IIBN ham, fer lh1 ,,.,., of 0111 10 few (4~ 11hilliH11 IRIY l,1 pMlli1111i 1111 • home eeewpaliell. 16-8-1 : DEFINITIONS : FAMILY CHILD CARE HOME -A CHILD CARE FACILITY THAT PROVIDES LESS THAN 24-HOUR CARE FOR 2 OR MORE CHILDREN ON A REGULAR BASIS IN A PLACE OF RESIDENCE. CHILDREN IN CARE ARE FROM DIFFERENT FAMILY HOUSEHOLDS AND ARE NOT RELATED TO THE CAREGIVER. CARE MAY BE PROVIDED FOR 6 CHILDREN FROM BIRTH TO 16 YEARS OF AGE WITH NO MORE THAN 2 CHILDREN UNDER 2 YEARS OF AGE. CARE ALSO MAY BE PROVIDED FOR NO MORE THAT 2 ADDmONAL CHILDREN OF SCHOOL ATTENDING FULJ..-DAY SCHOOL. RESIDENTS OF THE HOME UNDER 12 YEARS OF AGE WHO ARE ON THE PREMISES AND ALL CHILDREN ON THE PREMISES FOR SUPERVISION ARE COUNTED AGAINST THE APPROVED CAPACITY. INFANT/fODDLER HOME -A CHILD CARE FACILITY THAT PROVIDES LESS THAN 24-HOUR CARE Qm.Y FOR CHILDREN WHO ARE BETWEEN BIRTH AND 3 YEARS OLD IN A PLACE OF RESIDENCE. THE CAREGIVER MAY HA VE NO MORE THAN 1 CHILD OR FOSTER CHILD BETWEEN 3 AND 6 YEARS OF AGE. IF THERE IS 1 CAREGIVER, THERE MAY BE A MAXIMUM OF 4 CHILDREN, WITH NO MORE THAN 2 CHILDREN UNDER 12 MONTHS, INCLUDING THE CAREGIVER'S OWN CHILDREN. IF THERE ARE 2 CAREGIVERS CARING FOR THE CHILDREN AT ALL TIMES WHEN CHILD.REN ARE PRESENT, THERE MAY BE A MAXIMUM OF 6 CHILDREN BETWEEN BIRTH AND 3 YEARS OLD, AND NO MORE THAN 3 OF THOSE CHILDREN CAN BE BETWEEN BIRTH AND 1 YEAR OLD, INCLUDING THE CAREGIVER'S OWN CHILDREN. LARGE CHILD CARE HOME -A CHILD CAP.E FACU.ITY THAT PROVIDES CARE FOR 7 TO 12 CHILDREN WHO ARE NOT RELATED TO 'fHE CAREGIVER IN A PLACE OF RESIDENCE. CHILD CARE MA V BF. PROVIDED TO CHILDREN FROM 24 MONTHS TO 16 YEARS OF AGE . CARE MAY BE PROVIDED TO NO MORE THAN 2 CHILDREN UNDER 2 IF H \GROUP\BOAROS\PLANCOMM\O R96--0lSR.OCX: CIT\V OF ENGtEWOOD PLANNING AND ZONING COMM!mON IN THE MATTER OF CASE IOR-96-«J FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO AMENDMENT OF THE COMPRE- HENSIVE WNING ORDINANCE ON HOME DAY-CARE IN RESIDENTIAL WNE DJSTilICTS INITIATED BY: omCE OF NEIGHBORHOOI) AND BUSINESS DEVELOPMENT FINDINGS OF FACT AND CONCLUSIONS OF Tm: CITY PLANNING AND ZONING COMMISSION Commission Members Present : Shoop, Tobin, Weber , Douglas, Dummer, Horner, Red- path, Mason Commission Members Absent: Gam:n This mmcr was beard before the City Planning and Zoning Commission on August 20, 1996, in the City COUIICil Chambers of the Englew, -Id City Hall. Testimony was received from staff. The Commission received notice of Public Hearing, and the Suuf Rcpon, which were incorporated into and made a pan of the record of the Public Heari.«. No public was present to testify on this issue. After considering the statements of the witnesses, and reviewing the pcrtincnl documcms, the membcn of the City Planning and Zoning Commission made tll,c ·:.>llowing Findings and Con- clusions . FINDINGS OF FACT I. TBA T the proposed amendments to the Comprehensive Zoning Ordinance were initi- ated by the Office of Neighborhood and Busines s Development at the directive of Englewood City Council. 2. TBA T notice of the Public Hearing was published in the Englewood lkwg on August 8. 1996 . • • • • • 3. TBA T J1111min1 Cotsunua4Y Coordillllor Seil llllifled ID lbs aature 111d iDleat of Ille proposed amendments reprdlns home day-care, 11.'llich would allow • family child-Ql'C homes" and "iamnt/lOddler homes " as a c.tit!OIIII Uae In lbe R-1 -A Zone District; w011ld modify verbiage regardin& home day-care in remaining residcolial zone districts to comply with wording of State regulations ; allo · "Large Child-Care Centers" as a Conditional Use in R-1-B , R-1-C, R-2, R-2-C , R-3 , and R-4 Zone Districts ; and bring the definitions iuto complilll' ,e with State regulations. 4. THAT no one was in attendance in suppon of or opp...">i!ion to the proposed amend- ments . I. 2. CONCLUSIONS THAT notice of the Public Hearing was properly gi· rcn by publication in the fuli& ~lkrilll OD August 8. 1996. 1" HAT the Pwming Commission determined that the proposed amendment of the Com- prehensive Zoning Ordinance will provide the opportunity for home day-Ql"C in all residential districts, and bring restrictions on home day-care into conformance with State regulations . DECISION THEREFORE, it is the decision of the City Planning and Zonia_~ Commission that the Com- prehensive Zoning Ordinance should be amended to allow • famiiy child-<:are homes" and "infant/toddler homes· as Conditional Use in R-1 -A, to change verbiage in remaining residen- tial zone di stricts regarding home day<are to comply with State regulations , iind to modify definitions 10 comply with State regulations . The decision was reached upon a vote on ~ motion made at the meeting of the City Planning and Zoning Commission on August 20 , 19%, by Homer , seco nded by Tobin , which motion states : The Plannin g Commis sion recommend appro val of rhe propostd amendments to the Compre- hensive Zonin g Ordi nan ce on home day-care as ser fo nh in Case I/OR-96-03 . AYES : NAYS : ABSTAI N: ABSENT : Dummer . Horner . Sh oo p. Tobin. Weber , Mason Redpath, Douglas None Garren The moti on carried . 2 n-t Findlnp ml Coaclasloas are efftcdve u of tbe meetioa OD Aqllll 20, 19!16 . RY ORD&ll OF THE crrY PLANNING & ZONING COMMISSION ~~ ~ uglas, Vice-Chairman • • •