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HomeMy WebLinkAbout08381ORDINANCE NO. 8381 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO CHILD CARE CENTERS AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates matter being added) SECTION 1. Section 17-4-51, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of subsections (10) and (11), to read as follows: Sec. 17-4-51. Permitted use of land and buildings. . . . (10) Neighborhood Business District (B-1): . . . c. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit: . . . 1.1 Child Care Center . . . (11) Subregional Business District (B-2): . . . c. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit: . . . 1.1 Child Care Center . . . SECTION 2. This Ordinance, and these amendments to Title XVII of the Pueblo Municipal Code, shall be subject to administration and enforcement in accordance with Chapters 5 and 7 of Title XVII, Pueblo Municipal Code, as amended. Any person who violates any provision of this Ordinance or these amendments shall be guilty of a municipal offense and subject to the punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo Municipal Code, as amended. SECTION 3. This Ordinance shall become effective upon final passage and approval. INTRODUCED August 8, 2011 BY: Chris Kaufman COUNCILPERSON PASSED AND APPROVED: August 22, 2011 Background Paper for Proposed ORDINANCE DATE: AUGUST 8, 2011 AGENDA ITEM # R-2 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO CHILD CARE CENTERS AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should the City Council amend Chapter 4 of Title XVII of the Pueblo Municipal Code relating to Child Care Centers? RECOMMENDATION The Planning and Zoning Commission, at their July 13, 2011 Regular Meeting, voted 6- 0 to recommend approval. BACKGROUND Currently child care centers are permitted by right in R-5, R-6, B-3 and B-4 Zone Districts and by review in A-1, A-2, R-1, R-2, R-3, R-4, RCN, B-P and CCN Zone Districts. The proposed Ordinance will allow the use as a special use permit in the B-1 and B-2 Zone Districts. The B-1, Neighborhood Business District, and B-2, Subregional Business District, are both commercial districts. The child care center use allows care for whole or part of the day for nine (9) or more children under the age of sixteen (16) years who are not related to the owner, operator, or manager. As a condition of approval for a special use permit for all child care centers, the facility shall be properly licensed by the State of Colorado and supervised by the appropriate State or County Agency. Given that the use is permitted in residential zone districts by review, it could be assumed that they should also be allowed in the B-1 and B-2 Zone Districts, which are, by comparison, more commercial in nature than the residential zones. FINANCIAL IMPACT None.