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HomeMy WebLinkAbout08747ORDINANCE NO. 8747 AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO STATE LICENSED CHILD CARE HOMES AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 17-2-1, Chapter 2, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by amending subsections (11.001), and (11.023) to read as follows: Sec. 17-2-1. Definitions. (11.001) Child care home means a type of family care home, licensed by the State, which provides less than twenty-four-hour care for no more than eight (8) children on a [] the care provider’s regular basis in a place of residence. Children in care are from different family households and are not related by blood, adoption or marriage to the caregiver. Residents of the home under twelve (12) years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity of eight (8) children. The definition of child care home includes a family child care home, an infant/toddler home, and a large (older) child care home as [ defined by the State Department of Human Services, Division of Child Care. A child care home is considered to be a use by review in all zone districts which permit a single-family residence, except R-5 and R-6 zone districts in which they are uses by ] right. . . . SECTION 2. Section 17-4-51 of Chapter 4 of Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of Section 17-4-51 to read as follows: Sec. 17-4-51. Permitted use of land and buildings. (a) Any use of land or structure not authorized herein as a use by right, conditional use, or use by review upon issuance of a special use permit in a designated zone district is unlawful. Except as otherwise provided, no building permit or certificate of zoning compliance shall be issued for a use not specifically mentioned or described in this Section and not specifically provided with the required off-street loading and parking spaces and access driveway. When a proposal for a necessary use is not specifically listed, the Administrative Official shall request the Planning and Zoning Commission initiate proceedings to cause the amendment of this Section to make provision for such use. (1) Agricultural One (A-1) and Two (A-2) Districts. . . . 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. . . . [] 6.1. Child care home. . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. 1. Child care home (2) Agricultural Three (A-3) and Four (A-4) Districts: . . . 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. . . . [] Reserved 4. Child care home. c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. 1. Child care home (3) Single-Family Residential District (R-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. . . . [] 3.1. Child care home. . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. 1. Child care home (4) Single-Family Residential District (R-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. . . . [] 3.1. Child care home. . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. 1. Child care home (4.1) Single-Family Residential District (R-2U): . . . 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. . . . [] 3.1. Child care home. . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. 1. Child care home . . . (5) One and Two-Family Residential District (R-3): . . . 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. . . . [] 2.2. Child care home. . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. 1. Child care home (6) Mixed Residential District (R-4): . . . 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. . . . [] 3.1. Child care home. . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. 1. Child care home (7) Multiple-residential and Office District (R-5): . . . b. Uses by right. . . . [] 10.1. Child care home. . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. 1. Child care home (8) Multiple-residential and Commercial District (R-6): . . . b. Uses by right. . . . [] 11.1. Child care home. . . . c.1 Conditional Uses. A conditional use is any of the following uses which are permitted only when a Conditional Use Permit is issued. 1. Child care home . . . (b) Conditional use permits. A use may be permitted as a conditional use if certain minimum conditions contained in the applicable ordinances have been satisfied as determined by the Administrative Official. The Administrative Official shall have 90 days to complete the review of an application after it has been determined to be complete. If the Administrative Official, after reviewing the application, determines one or more of the conditions required for the permit cannot be satisfied, the Applicant may seek approval of a Special Use Permit for the proposed use in accordance with Section 17-5- 33 of the Pueblo Municipal Code. st All Conditional Use Permits shall expire on December 31 of each year, except those stst that are issued between November 1 and December 31. Annual review of the Conditional Use Permit shall be required to verify compliance with all requirements of the Permit. Failure to comply with all requirements of the Permit, as well as any zoning violations, shall be grounds for denial of the annual renewal. . . . (4) Reserved (5) Child Care Home. a. The applicant must be granted and maintain a State of Colorado Daycare Home permit. The applicant is to provide proof of the State permit to the office of the Planning and Community Development Department within 180 days of the date of the permit or this permit shall be null and void. b. The applicant shall obtain and maintain a City business license. c. Off-street parking shall be provided, within the subject property, for parking and drop off, to ensure the neighborhood will not be negatively impacted by the use. Each parking space must be a minimum of 9 feet wide by 18 feet deep, and must be located completely within the property, such that the space does not encumber the public sidewalk. In addition, the required off-street parking space shall be permanent in character and paved with asphalt, concrete, or pavers. The space must remain open and available to customers during business hours. The number of required off- street parking spaces is stated below, based on the street frontage, as measured along the street curb; however, the Administrative Official may reduce, waive, or modify this requirement when the potential neighborhood impact will be reduced by the use of alley, if the neighboring properties are non-residential, or other neighborhood characteristic where the off-street parking would not be necessary, as determined by the Administrative Official. 1. Lots with a street frontage of at least 45 feet wide, shall provide at least one (1), open and unenclosed, off-street parking space. 2. Lots with a street frontage of less than 45 feet wide, shall provide at least two (2), open and unenclosed, off-street parking spaces. d. Other than family members residing within the dwelling unit located on the lot or parcel, there shall be no other employee working at the child care home. e. All outdoor recreation areas shall be completely screened and enclosed by a 6 foot high solid fence with solid self-closing and self- latching gates. SECTION 3. This Ordinance, and these amendments to Title XVII of the Pueblo Municipal Code, shall be administered and enforced according to Chapters 5 and 7 of the 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 shall be subject to the punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo Municipal Code, as amended. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the transactions described therein. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: June 9, 2014 BY: Ami Nawrocki COUNCILPERSON PASSED AND APPROVED: June 23, 2014 City Clerk’s Office Item # R-6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 9, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO STATE LICENSED CHILD CARE HOMES AND PROVIDING PENALTIES FOR VIOLATION THEREOF SUMMARY: Attached for consideration is a text amendment that will amend Chapters 2 and 4 of Title XVII of the Pueblo Municipal Code relating to state licensed child care homes. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Child Care Homes are presently permitted in residential districts with a Limited Use Permit approved by the Zoning Board of Appeals. These approvals have become very routine and conditions of approval have become very standardized. Given the routine nature of these approvals, coupled with the relatively high cost to process these cases to the Zoning Board of Appeals, the Zoning Board of Appeals has instructed staff to request the Planning and Zoning Commission make such approvals administrative at the staff level. Section 1 of the proposed Ordinance amends the definition of a Child Care Home, to clarify that the child care home must be located in the care provider’s place of residence. Section 2 of the proposed Ordinance specifies zone districts where child care homes may be permitted as a conditional use permit and removes the use from the permitted uses and use by review categories: 1. Agricultural Districts: A-1, A-2, A-3 and A-4 2. Residential Districts: R-1, R-2, R-2U, R-3, R-4, R-5 and R-6 Section 2 also outlines the requirements for conditions for the use, such as the requirement to provide a copy of the State of Colorado Daycare Home Permit, providing off-street parking and requirements to provide outdoor recreation areas. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their May 14, 2014 Regular Meeting, voted 5- 0 to recommend approval with Commissioners Burrer and Lucas being absent. STAKEHOLDER PROCESS: A Notice of Public Hearing was published in the Pueblo Chieftain and a Public Hearing was held before the Planning and Zoning Commission on May 14, 2014. ALTERNATIVES: If City Council does not approve this Ordinance, Title XVII of the Pueblo Municipal Code will not be amended to reflect the proposed changes relating to state licensed child care homes. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. Attachments: Minutes of the Planning and Zoning Commission May 14, 2014 Regular Meeting Staff Report for Text Amendment TA-14-03 and Exhibits Notice of Public Hearing