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A recent proposal by the Cross Creek Shopping Center
developers to locate a day care center within one of the
bays of their approved retail center brought to staff’s
attention the fact that day care is not a permitted use in
the C-2 zoning district, although it is allowed by-right in
C-1 and C-3 and with a special permit in I-1. This
proposed text amendment would add the use to the C-2 Zoning
District, allowing a day care center to be among the mix of
uses that could be located within a shopping center built in
the C-2 district.
The Planning Commission initiated the proposed text
amendment on March 27, 2008. On April 24, 2008 the
Commission held a public hearing on the amendment and
unanimously recommended approval. Staff is recommending
that the use be approved as a by-right use rather than a
special permit use. Staff would note that the issue of
whether the use should be a special permit or by-right was
not specifically addressed by the Planning Commission.
Rather, staff made an error in presenting the change to the
Planning Commission, proposing that it be added as a special
permit use and mistakenly characterizing this approach as
being consistent with the requirements for the other
commercial zoning districts, C-1 and C-3. Since the use is
actually by-right in C-1 and C-3, staff recommends that the
Board of Supervisors approve the text amendment with the use
also being allowed by-right in the C-2 district. |