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HomeMy WebLinkAboutMay 7, 1996 C/C Minutes 8 - . Meridian City Council May 7,1996 Page 44 Corrie: Entertain a motion for the decision and recommendation. Rountree: Mr. Mayor I move that the City Council of the City of Meridian hereby approves the conditional use permit request by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Tolsma: Second Corrie: Motion made by Mr. Rountree; second by Mr. Tolsma, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY CRYSTAL MARTINEZ: Crystal Martinez, 1432 West Carlton, was sworn by the City Attorney. Martinez: Mayor and members of the Council I brought several things since our last public hearing that validated some concerns. One which is my dog, I have a German Shepherd dog, I had a few of my parents I expressed the concern about my dog to them and I had asked a few of them if they would write a letter or notification to you guys and I have those letters right here and I would like to present those to you. I don't want to make this long so I won't read them. But if you could read them I would appreciate it. Since we last spoke I have acquired my State license, I have that here. I don't have a copy for you because it has to be (inaudible) present for parents to see so you can go ahead, I will get you a copy of this too. Since then I have also acquired my CPR and first aid certificate which we discussed last time I didn't have a copy of it at that time but I was taking that for the Children's safety and pediatrics. Since then I have also acquired a letter from Robert Speck who I believe you might be familiar with the name, he deals with the State regulations. According to my pole and fence height, I had talked to Jim Rabitt and Shari regarding this matter. They directed me to go to the State and see what the State regulations were and kind of try and comply with that so I could have that done before the previous hearing that we had. This is a copy of the letter he mailed me, I am just going to read a couple of the things that he says here. He says,"although there are no specific rules covering the swimming pools located in the yards of the homes based in family group day care facilities. I generally recommend that a fence from 3 to 4 feet minimum in height be used for this purpose." He says please the type B which is also in here and you will find in here which is semi-public pools which you would find in athletic clubs, country clubs, swimming clubs, hotels and apartments, etc. are only required to have four feet. My fence is 6 foot on 15 feet of it, the other is up on the deck so that is four feet. I do have right now 8 48 Meridian City Council May 7,1996 Page 45 a master lock on the gate which we talked about at the last public hearing also. So I would, like to present this to you. I have also acquired my doing business as name and I don't have a copy to give to you either but you can look this over if you would like to. One of my main concerns was my neighbor Mrs. Marino, I probably didn't pronounce her last name right. She had some comments that were very valid and I wanted to touch on those and tell you what I have done since then as far as her questions. I really didn't get a comment on all of their questions. One of their questions was that it would lower their property value, if I put a day çare, a group day care in this vicinity I am in the R-8 section I don't believe there are any covenants or rèstrictions that exclude me from that. I don't believe that it would lower her value, only because maybe being a single parent when I moved into that area we are within walking distance of the elementary, the middle school and the high school. Anybody moving into that general residential area would probably check that so they would know that their kids would be safe to walk to those distances. So I would think that as a home buyer being within walking distance of all three schools that this would be a highly populated area for people with children to move into. So I would think that would be an asset rather than a minus for her property. Her other concern was the children and the noise. Like I said again we are in a residential area that is within walking distance of all three schools, there are going to be children playing wherever. I do not myself find children's noises annoying. One of her other concerns was my dog, I think the letters you will find that my parents, I had one parent that her son had gotten bit twice by a dog, the little boy was terrified of dogs and now has become very close to my dog in the sense that he would like to take my dog home with him. So, that makes me feel good. I also have a 2 1/2 year old little girl, when I purchased my dog I purchased it out at the Humane Society she was an abused dog she had gotten her leg broken by the previous master so she is very timid. She is not at all aggressive dog, her size is probably the only thing that would intimidate you and she is a very small German Shepherd, she is not full blooded. She has had obedience classes also. Another one of her concerns was that as she looked into my back yard that she couldn't see anybody there as in an adult watching the children. I just want to clarify that she has half of my property is her backyard. That half is, if you will take out the map of my home the half that is her back yard is my swimming pool area that indeed is fenced off and there are no children there. So therefore when I am out on my patio she lacks seeing almost 15 feet of my patio area which is where I sit and watch the children from. So, that was the other concern, I am not saying these are not valid concerns I am glad that she is here and I am glad that she brought up these concerns. I did also make an attempt to notify her of this hearing, I went to her house personally. I also at that time brought up the noise factor because that seemed to be a concern to her. I asked her if it was bothering her, she said please don't your business around me. And I said I am not trying to I am just trying to be a good neighbor so the noise doesn't bother you. I think we are both adults and if she is willing to meet me halfway I am sure willing to go the extra mile to please her as far as noise goes. . I just would like to say that I am applying for a group day care conditional permit which would require me to take care of 8 8 Meridian City Council May 7,1996 Page 46 up to 12 children no more. I do intend to just do that, if this is a big concern that I will go- to more than 12 children for her I would ask that the Council put that into the stipulations and say that I can never apply for a center license which would be okay for me. I am happy with that amount of children. I do home school my 14 year old daughter and so she is home with me during those hours too so there is another person there. She also has taken CPR and first aid classes. We have also looked into having a swim instructor come out and help the kids with swimming pool safety tips about swimming and the water. That is through BSU student employment so my kids will be aware of the water and the concerns about water. Last but not' least so I can make this short for you guys, I have another letter here from another mother. She generally just goes through the same thing about Louie and also touches on some other things. I would just like to read these to you. It says, "Crystal's day care is always kept clean, she is always loving and hugs and has proper food for the kids. Diaper changing is adequate. Crystal is very gentle and loving with all of the children. The fence is totally adequate to keep the children. The automatic locking gate I agree with for the simple reason that my child could figure it out how to open it up, a padded lock gate would be much more harder and much more time consuming to open." Those are just basically some of her comments that she has put on here. "I feel totally comfortable leaving my small children at Crystal's with her dog because the children learn to respect and love animals in an environment that is safe." All of my parents have included a phone number which you may call at your leisure and that is about all that I wanted to touch on. I have also got my finger prints through the State and like I said I do have my State license now I have acquired that and went through the proper regulations with that and I tried to comply with all legalities on this issue. Corrie: Thank you Crystal, Council any questions? Rountree: You apparently have gone through the findings of fact and conclusions prepared by Planning and Zoning you have addressed several of those issues. Is there anything other than the fence around the pool that you want to address? Martinez: I didn't see any others that we didn't address in the last one that I haven't taken care of. I have a wood stove, there has been a gate put around that. All of that I had prior to our last meeting. I think I have child proofed my house. Rountree: Is your dog licensed with the City of Meridian? Martinez: Yes he is, I learned that the hard way. Corrie: Thank you Crystal, anyone else from the public that would like to offer testimony? Shirley Marino, 1037 Washington Place, was sworn by the City Attorney. 8 8 Meridian City Council May 7, 1996 Page 47 Marino: I just wanted to put my lonely opinion on this, I am the neighbor that is behind her, and I just wanted to say I have been in my home about 23 years so I am probably one of the first ones that was in that small neighborhood that is there in Phillips Addition. I didn't buy my home to have a business next to me. She is, I have talked to Crystal and I understand why she wants a business in her home and being a single mom and all of that. I know she would like to stay with her children. I am also a single mom and raised by two girls alone and I didn't start a day care in my home or anything like that. But I just wanted, I don't want a busin~ss in my back yard, I don't want the noise. I am sure she is a very capable lady to run a day care I just don't want a business in my backyard. I don't work an 8 to 5 job like I am sure a lot of her time for children are like from 6 to 6 or something like that. So the time that I will be using my back yard is not necessarily when children aren't there. I do work on weekends so my days off will be during the week. I don't know how many people work 8 to 5 jobs around that, I don't know if that would be a problem or not. Children's noises don't annoy me, I just think 12 of them that could possibly be there at one time can be loud and if I do plan a family function or something in my backyard it could be kind of annoying then. That is alii have to say, I just wanted to voice my opinion. Rountree: Are you aware of any restrictions in your covenants for you subdivision that disallow a business? Marino: Not that I am aware of no. Rountree: Would you be open to a visit if in fact you were having a family function or a get together where noise is a problem and indicating such with the applicant to say Wednesday afternoon we are going to have a barbecue I would appreciate it if you would keep the kids in would that be of your nature? Marino: I don't have anything against that I just think it is kind of silly of a homeowner to have to ask a neighbor. Rountree: I understand. Morrow: Are there even covenants and restrictions in your subdivision? Marino: I do not know. I never checked into any kind of stats and statistics or anything like that. ' Corrie: Thank you very much. Anybody else from the public that would like to give testimony? Martinez: I just wanted to touch on the fact that most group day cares that provide care 8 8 Meridian City Council May 7,1996 Page 48 , , for 12 or less children, I do a lot of before and after school care. So I would just like the, Council to consider that half of my children that I will be caring for will be gone from 8 in the morning until four in the afternoon. So therefore that would leave with my six children most of which are either in diapers and can't go outside because they are five months old or an age where they are not going to enjoy the outside play. The others which are 2 and three year olds which will simply go outside and probably play in the sandbox or on the swing set with supervision. I can understand her point with the noise thing too but just like she stated if she is going to have a family get together in her back yard then I will have to tolerate noise at that point too and it doesn't bother me, I don't feel offended by that. I will not feel offended if she comes over to my house. I have made it very apparent to her that I would be more than happy to comply even to give her a tour of my day care. So she can see the inside of my home and I don't have a problem with that either. I don't have a problem giving her my phone number so she can call and say, so she doesn't have to walk over. She does live in a culdesac and I want you to be aware of that because one of the things she was concerned about last time was traffic. My parents would literally have to get lost to find themselves in her culdesac. She does live directly behind be but she lines on Washington Place. If you are familiar with that area at all they would have to completely around the corner, around the block and into the culdesac and turn around in her culdesac to come back out. All of my parents right now that I have that I am caring for their children they come in through Linder and exit on Linder which means that that go out Washington Street and on Carlton so there is no extra traffic there either. Corrie: Thank you Crystal, any further testimony from the public? Staff, discussion? Rountree: I just have a question for the Planning and Zoning Commissioner Johnson, Jim on the condition within the findings of fact about the six foot high fence and the automatic locking gate I read the transcript but I am still not sure what that solves or doesn't solve. Johnson: I don't know Commissioner Rountree if I can answer that directly, that concern was brought up by Malcolm MacCoy. He had visited the premises and he had some questions concerning the fence, the debris in the yard and the fence lock. among other things. He was concerned that gate could be opened by one of the children. There was no resolution as to how that could be improved is the concern he addresses is the way I read that. (Inaudible) Rountree: Just a locking gate. (Inaudible) 8 8 Meridian City Council May 7,1996 Page 49 Rountree: That is alii needed I couldn't tell what kind of an issue it was just by reading it. ' Johnson: Weill guess the other point that might be important, I don't recall any testimony that was objecting to the applicant's desires to have a day care center there at Planning and Zoning. .' Corrie: Any further discussion or questions from staff? Rountree: The only other comment I would make is the same comment that I made previously we look at the fee structure for sewer and water and increase that above one residential unit to two and that the trash be a commercial trash rate. . Crookston: Mrs. Marino did testify before the Planning and Zoning Commission. Rountree: I am aware of that Wayne. Crookston: I thought that Jim indicated that he didn't recall (inaudible) The concern is whether or not you want to adopt or change the findings as a result of the additional items that Mrs. Martinez submitted. It is totally up to the Council. Morrow: I have a question, while we are thinking about the evidence, the question on the six foot locking gate issue, basically what we are doing there is that the area around the pool be protected by at least a six foot fence and automatic locking gate placed not more than six inches from the top of the fence and the applicant or an employee shall be with any child that is in the back yard. If this condition is not met the City may require that the pool be drained to allow the operation of a day care. I guess my first candid thought is if we place that type of restriction in the findings of fact and conclusions and adopt them' within that then is not the burden of enforcement upon us and who does that, who does that enforcement, who does that checking and when does that happen. I have I think that we need to be asking those questions if we are going to place this finite of a management within the findings of fact and conclusions. Crookston: That is very correct, it would have to be the Zoning Enforcement officer that would have to come out to take a look at it periodically. Morrow: Well then my next question to that would be is as a City do we want to makethis a practice and have the zoning enforcement officer dealing with these issues on every conditional use that may come up. Tolsma: (Inaudible) 8 8 Meridian City Council May 7,1996 Page 50 Morrow: No I understand that my question is one of a philosophical point. This appears, in the findings of fact and conclusions and the conditions, one of the conditions that I am asking how we go about enforcing that condition. Tolsma: (Inaudible) Rountree: I would suggest that we change, amend the language of that. Crookston: The concern was the pool. Morrow: I understand the concern and I understand the locked gate, the question still is in my mind is that if we make these conditions not only for this particular application but for other applications in the future then we also accept the responsibly of making sure those things happen, is that true? Crookston: I think that is correct. Tolsma: (Inaudible) Morrow: I guess my point is do they belong within these documents to try and manage that (inaudible) do we want to put ourself in that position as a City. (Inaudible) Rountree: Would it be sufficient to say fence locked gate and employee supervision at all times (inaudible) back yard, that is a condition, still all of these conditions need some degree of enforcement, but if it is reported that is not being done that is a condition of the conditional use, then the conditional use could be revoked. How much more safeguarding do we need to do as a City. Morrow: I think what we need to look at is what is practical. We simply don't have the staff and people to police everything all of the time. The question in my mind is should we set ourselves in that position. Tolsma: (Inaudible) Morrow: And I agree with his point. Rountree: My question to counsel what is our liability situation what degree of effort do we need to take in this situation? 8 8 " Meridian City Council May 7, 1996 Page 51 Crookston: I think that Walt is correct and that if we require some of these things that the, City has responsibility to investigate at least whether or not they are being complied with. Some of these conditions are quite severe to the extent of meeting the requirements of the condition. The concern from the Planning and Zoning Commission however was the pool. The way these are drafted is to try and get around the problem with the pool. It is totally up the City how much they want to go along with these. The investigation as to meeting' these requirements is quite difficult. Rountree: But this particular condition the reaction to not meeting the condition is something other than (inaudible) continuance of the conditional use permit. Crookston: I am sorry say that again. Rountree: Basically this is a condition and a result of conditions not met to (inaudible) whether or not the conditional use is maintained or continued. Crookston: You could do it that way. Rountree: Which is what all of these conditions are. If it is a locked gate it would have as much possibility of being investigated as the hours of operation. Crookston: That is correct, but someone is going to have to go out there and see if it is locked. I think that is what Walt's concern is. Tolsma: (Inaudible) (Discussion Inaudible) Martinez: The State does monitor that because when I talked to Bob Spec and Deanna Rich and also because I am in, will be going through the State program through Child Care Connection, I don't know if you are familiar with that but it helps low income families provide care for their children and helps them with their day care cost. They also will be coming out on the 17th and the 23rd so I will be getting if granted this conditional use permit I will get several different directions of supervision. Which I gladly accept, I don't have an problem with that. My gate, I have a two and half year old so you have to realize that I am not only running a day care but I am a mom full time. So locking that gate is a natural thing to me, that is why, when I purchased the home I have a fourteen year old daughter also and she was like great a pool and I thought the baby will fall in there and drown if I don't put a gate up and a fence. That is one of the reasons why we did that too was also to comply with day care rules and also to comply with me not being fearful of my daughter falling in the pool (inaudible) or something like that. If there are any questions ,'- .8 8 Meridian City Council May 7,1996 Page 52 you want me to address let me know. Morrow: Mr. Mayor, I am prepared to offer a motion; Corrie: I will close the public hearing. Morrow: Mr. Mayor I would move that we adopt the findings of fact and conclusions of law to amend item E on page 9 to read that the area surrounding the pool be protected with at least a 6 foot fence with a lock and.that the applicant (End of Tape) who is in the back yard. If this condition is not met the City may require, strike that please, and also that, Crookston: What are you striking? Morrow: I am, I want the statement to say, to end at, any child who is in the back yard, period. And that - Crookston: Without the changes that you had? You are striking Morrow: I started to read on into a sentence that I did not want included in item e. Crookston: Just for reference would you read item E so we can tell? Morrow: Alright, "that the area surrounding the pool be protected with at least a 6 foot fence with a locked gate and that the applicant or an employee shall be with any child who is in the back yard." The second condition would be that the commercial trash, 2 sewer and waters be charged. Rountree: Second Corrie: Motion has been made by Mr. Morrow, second by Mr. Rountree, any further discussion? AI,I those in favor of the amended motion by roll call. ROLL CALL VOTE: Morrow - Yea, Bentley - Nay, Rountree - Yea, Tolsma - Yea MOTION CARRIED: 3 Yeas, 1 Nay Corrie: Entertain a motion for the decision. Morrow. The City Council of the City of Meridian approves the conditional use permit as amended requested by the applicant for the property described in the application with the conditions set forth in these amended findings of fact and conclusions of law for similar ( 8 8 Meridian City Council May 7, 1996 Page 53 conditions as found justified and appropriate by the City Council. That the applicant shall ' be required to meet the requirements of Bruce Freckleton, Shari Stiles, the water and sewer requirements as amended, fire and life safety, Uniform Fire Code and other ordinances of the City of Meridian. Conditional Use should be subject to review upon notice to the applicant and by the City. Rountree: Second Corrie: Motion made' by Mr. Morrow, second by Mr. Rountree on the decision and recommendation, any discussion? All those in favor? Opposed? MOTION CARRIED: 3 Yea, 1 Nay ITEM #13: PUBLIC HEARING: REQUEST FOR A TRANSFER OF A CONDITIONAL USE PERMIT FROM KIDZ CONNECTION TO CHILDREN'S UNIQUE STYLE: Corrie: I will open the public hearing at this time and ask that the applicant come forward. Steven Jenkins, 7200 Southdale, Boise, was sworn by the City Attorney. Jenkins: We are requesting a transfer of conditional use permit from an existing day care center to new ownership and a new name. Rountree: You would be the operator under the new'ownership and new name? Jenkins: My wife is the operator. Rountree: The conditions under the previous conditional use are acceptable to you, you have seen them? Jenkins: Yes and yes. Corrie: Anybody else from the public that would like to issue testimony at this time. Council, discussion? Morrow: Mr. Mayor I have a question of Mr. Gary Smith with respect to Bruce Freckleton's comment. Sanitary sewer and water services to this facility is from an existing service line. The past years water meter records for this facility indicate the use is slightly higher than was anticipated when the assessments were calculated for Children's Unique Style. The heavier usage is less than 1 additional equivalent residential unit. Therefore no adjustment will be applicable at this time. Could you comment on that. The other other day cares we