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City attorney flags omission; aldermen told amendment needed to allow Mercy health clinic in C3 PUD
Summary
City staff reported a technical error in Bill 2462 approving a C3 planned-unit development where Mercy intends to operate a clinic; the city attorney proposed an amendment adding permitted health-related uses so the ordinance accomplishes Mercy's request without requiring a separate PUD amendment.
City Administrator Kathy told the board that City Attorney John Young identified a drafting problem in Bill No. 2,462, the ordinance approving a C3 planned-unit development (PUD) for the site where Mercy plans to operate a health clinic.
Kathy said Young noted section 405.195 D of the municipal code limits uses on a property with a C3 PUD to those expressly authorized in the approving ordinance, and in Bill 2,462 no uses were specifically authorized. To avoid forcing Mercy to seek a separate amended PUD, Young prepared an amendment adding a new subsection that explicitly permits health service providers, medical offices, clinics, laboratories and related health uses (and states all uses listed as permitted in the C3 Retail Commercial District are permitted subject to compliance with the area plan).
Kathy said the amended language would be incorporated by the board because the ordinance had already received a first reading; the board would need to vote on the amendment first and then read the ordinance at the second reading. Several aldermen asked procedural questions about voting on the amendment and then reading the ordinance.
Next steps: The board will consider the amendment language at the board meeting; if adopted the ordinance will explicitly authorize health-related uses to allow Mercy to operate the planned clinic on the site without a separate PUD amendment.
