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STAFF REPORT To: Mayor and City Council Mike Mornson, City Manager From: Kim Moore -Sykes, Assistant City Manager Date: September 25, 2007 Subject: Text Amendment to the Zoning Code Allowing Daycare Centers as Permitted Conditional Uses in Industrial Zoning District Requested Action: City Council Consideration of the Proposed Text Amendment to the Zoning Ordinance, Chapter 16 of the City Code to allow daycare centers in the LI Zoning District as a conditional use and requiring a Conditional Use Permit. Date Application Received: August 21, 2007 Property Address: 2812 Anthony Lane South Zoning District: LI 60 -Day Expires: October 22, 2007 Waiver Letter Required: N/A Yes Date Sent; No Future Action: Council Action, September 25, 2007 Council Meeting Background. Prospective buyers of 2812 Anthony Lane South have requested a text amendment to the City's Zoning Ordinance to allow daycares as conditional use in the Industrial Zoning District. The applicants presented the proposed text amendment to the Planning Commission in a concept review at the August 21, 2007 and then again at a public hearing at the September 18`' Planning Commission meeting. Staff sent the proposed text amendment to the City Attorney for his review and comments. Attached is the language for the proposed text amendment as suggested by the City Attorney. It is his recommendation that the City should only consider the use that the applicant has an interest in for inclusion in the Industrial Zoning District; other uses should be considered by the Planning Commission and City Council on a case by case basis. Application Review: The applicant has followed the procedure for applying for a text amendment as outlined in Section 100.04 Amendments and Additions. Generally, Section 100.04 states that a minor change to the Zoning Code requires only one reading and a majority of votes to approve text changes. If the proposed language revisions significantly change all or part of an existing classification of a zoning district, then the text amendment will require a four-fifths majority vote of all members of the Council. Staff is of the opinion that this tent amendment constitutes a minor change to the Zoning Ordinance. Upon the conclusion of the public hearing at their September 18'h meeting, the Planning Commission unanimously approved a motion to recommend approval of the text amendment to the City Council that would allow daycare centers to be a permitted conditional use in the Industrial zoning district. 091807 Text Amendment Council review