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    12.    
City Council Regular
Meeting Date: 12/03/2019  
Subject:    PC 19-24, Consider Introduction of an Ordinance Amending Sections 11-701, 11-801 and 11-903
From: Scott Harlicker, Planner

INTRODUCTION
City staff is proposing an ordinance amendment to clear up some confusion in the City Code regarding two topics.  The first revision would consolidate two terms used for day care centers in the office, commercial and the industrial districts into one definition. The second amendment relates to the treatment of two uses in PORT Wellness.
DISCUSSION
Background

City staff is proposing to correct an inconsistency in the use tables of the Office/Commercial, Industrial and PORT Districts. The inconsistency in the Office/Commercial and Industrial Districts involve different terms for day care facilities. The inconsistency in the PORT districts involve spaces left blank in the use table. Two uses are blank in the PORT Wellness column of the use table, studios of artist or craftspeople and limited production and processing. 

Day Care Facility

Day care facility is a use that is defined in the Section 11-201 Definitions. However, that term is not used in the use tables of Office/Commercial District (Section 11-701) and Industrial District (Section 11-801). The term found in those tables is Child Care Center, State Licensed, which is not defined. Child Care Center, State Licensed is allowed as a permitted use in the office and all commercial districts as well as the industrial district. Staff is proposing to change Child Care Center, State Licensed to Day Care Facility in these two Sections. Using the term Day Care Facility eliminates the ambiguities of using a term that is not defined. In the past, staff has interpreted that since day care facility includes both child care state licensed and other day care such as adult day care, adult day care is allowed in the same districts as child care state licensed. 

Below is the definition of Day Care Facility:

Day Care Facility - Any facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the persons own home.  Day care facilities include, but are not limited to:  family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, developmental achievement centers, day treatment programs, adult day care centers and day services.

PORT Wellness

Studios of artists or craftspeople is listed as a permitted use in PORTs Riverwalk, Campus Square and Evergreen. However, it is not listed at all in PORT Wellness. A similar use, live-work units, is listed as a permitted use in all the PORT districts. Since studios of artists or craftspeople is listed as a permitted use in all the other PORT districts, staff is proposing to include it as a permitted use in PORT Wellness also.

Limited production and processing is listed as a conditional use in PORTs Riverwalk, Campus Square and Evergreen. However, it is not listed at all in PORT Wellness. Similar production/processing  uses such as microbrewry, microdistillery, and printing and publishing are allowed in all the other PORT districts. Since limited production and processing is listed as a conditional use in all the other PORT districts, staff is proposing to include it as a conditional use in PORT Wellenss also.

Below is a description of limited production and processing:

Limited production and processing. These uses produce minimal off-site impacts due to their limited nature and scale, and are considered compatible with office, retail and service uses. Limited production and processing may include wholesale and off-premises sales. Limited production and processing includes:
  • apparel and other finished products made from fabrics
  • computers and accessories, including circuit boards and software
  • electronic components and accessories
  • film, video and audio production
  • food and beverage products, except no live slaughter, grain milling, cereal, vegetable oil or vinegar processing
  • precision medical and optical goods
  • signs, including electric and neon signs
  • watches and clocks
  • wood crafting and carving
  • wood furniture and upholstery

Planning Commission Meeting

At the Planning Commission meeting held on November 21st, no one spoke at the public hearing. The Commission voted 6:0 to recommend approval of the proposed amendment.
RECOMMENDATION
In Planning Case 19-24, the Planning Commission recommended the Council  introduce the attached ordinance.

Attachments
Proposed Ordinance

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