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1988 06-14~~~ ~ • • • A G E N D A MERIDIAN PLANNING & ZONING JUNE 14, 1988 ITEM: MINUTES OF THE PREVIOUS MEETING HELD MAY 10, 1988: (APPROVED) 1: ATTENDANCE AT PLANNING & ZONING SHORT COURSE: 2: AMENDMENT #1: CHANGING DEFINITION OF CONVIENCE STORE:(ITEM 1-D) 3: AMENDMENT #2: CHANGING PETITION REQUIREMENTS IN ALL BUT RESIDENTIAL ZONES: (ITEM # 1-F-a & b) 4: AMENDMENT #3: ADDING AND AMENDING 11-2-418B: AMENDING 11-2-418-B-15, ADDING 11-2-418B-16-17-18: (ITEM # 1-G & H) 5: AMENDMENT #4: DEFINITIONS AND PROCEDURES FOR DAY CARE OPERATIONS: (BALANCE OF ITEMS) (FINDINGS OF FACT TO BE PREPARED ON THE AMENDMENTS) MERIDIAN PLANNING & ZONING JUNE 14, 1988 Regular Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Walt Morrow at 7:30 p.m.: Members Present:Moe Alidjani, Jim Johnson, Jim Shearer, Charles Rountree: There was a large audience present for the Public Hearing on the proposed changes to the Zoning & Development Ordinance: The Motion was made by Alidjani and seconded by Rountree to approve the minutes of the previous meeting held May 10, 1988 as written: Motion Carried: All Yea: Item #1: Attendance at Planning & Zoning Short Course: Chairman Morrow: On Wednesday Ada County Development Service will be sponsoring the Idaho Planning Association Planning & Zoning short Course at the Meridian City Hall. The cost of this course is $6.00 and the City has agreed to pay this fee for anyone who wants to attend. At this time we need to know if any of the Members would like to attend. All the Members advised they would attend. Chairman Morrow: Prior to starting the Public Hearing concerning the Amendments to the Zoning & Development Ordinance, I will read the basic rules for Public Hearings. Public Hearings will be conducted using rules of procedure as per Meridian City Ordinance #446., Highlites of that Ordinance are, All persons wishing to testify must have printed their name, signed their name, written his residential address on the signup sheets provided, no person will be allowed to speak until the person has been recognized by the Chairman; all Public Hearing proceedings shall be recorded; all persons speaking shall speak before a microphone; when the Public Hearing isquas~judicial in nature or one after the P&Z Commission is required by law to make findings of fact, each speaker must swear that his testimony will be true and correct; depending on the number of speakers to sign up to speak at the Public Hearing the Chairman may establish a time limit for each speaker, this time limit will apply only to the speakers comments, not to questions or answers or to his swearing in process, given the number of speakers that wish to speak, I will set a time limit of three minutes per speaker. Having covered the rules we will now start on the proposed amendments. Item #2: Amendment #1: Changing definition of Convenience Store: Chairman Morrow: We are proposing to change the definition of a Convenience Store so that it include the sale of gasoline as well as offering other goods for sale. The offering for sale of services or goods pertaining to repair or servicing vehicles shall not be included in this definition. Are there any comments from the Commission? There were none. I will now open the Public Hearing, is there anyone in the audience who wishes to testify on this proposed amendment? There was no response, the Public Hearing was closed. Any discussion by the Commission? There was none. The Motion was made by Alidjani and seconded by Johnson to have the City Attorney prepare Findings of Fact and Conclusions on this proposed Amendment. MERIDIAN P & Z • • • • JUNE 14, 1988 PAGE # 2 Motion Carried: All Yea: The Motion was made by Alidjani and seconded by Shearer that a favorable recommendation to the City Council be made on this proposed Amendment: Motion Carried: All Yea: Item #2: Changing Petition Requirements in all but Residential Zones: Chairman Morrow: Basically this is to change the requirement that persons applying for conditional use permits are not required to have the 75~ in zones other than residential, the 75~ is still required in residential zones. Is there any comments from the Commission? There was none, I will now open the Public xearing, is there anyone in the audience who wishes to testify on this proposed amendment? Mona Dobaron, 350 North 9th, Boise, Dobaron was sworn by the City Attorney: Dobaron: I am an Attorney with a Law Firm in Boise, before going with that firm I served as Deputy Attorney for the City of Boise, I believe that 11-2-418-B. 12: as proposed is illegal for the following reasons, I think that the requirement that 750 of all those personsowning property within 300 feet of the land being considered for a Conditional Use Permit show approval of a Conditional Use Permit, it is illegal because it essentially puts the granting of the permit, the consideration of it to a vote of those individuals having contigious property. There are standards of course with respect to that vote and I think that circumvents the property rights of the individual owning the property to apply for a permit before this body ultimately considered by the City Council. I reviewed two separate cases in Idaho relating to such restriction and unexpectedly this point has not been litigated but I think it alligist to one case Continental Oil co. verus City of Twin Falls when an Ordinance which allowed City Council complete discression in granting or denying the erection of a building was found to be invalid, I think this is the exact thing again you do not have any standards by which the resonableness of the permit is initially considered, that is, I think the role of this body, I think you aborgate that rule again, when the contigious property owners when you require that 75~ approve the concept before you will even consider the application. In addition you indicate that the amendment will not be applicable to districts other than residential districts, I think you have an equal protection problem there is no basis to distinguish the residential district from the other districts. I think that equal protection consideration mandate that you not descriminate in this fashion if you were to enact what again I believe is an invalid requirement. Rich Allison,1040 E Pine, Meridian: Allison was sworn by City Attorney: Allison: I would first like to read a letter from Linda Emery, who is the director of Greenleaf Friends Academy here in Meridian, the day care center. P & Z Commission, I have been asked by many people my feeling on the day care issue, first and foremost the facts need to be established neither myself or Greenleaf Friends Academy are opposed to home day care centers. There is a need in every community for home day as well as a large day center. Each of these things to offer the community and to its families. When a woman chooses to stay at home and watch other peoples children for a fee she has chosen this as her employment. She is then able to MERIbIAN P & Z • • • • JUNE 14, 1988 PAGE # 3 earn income while being able to be with her own children , she has become her own employee thus starting her own business. In the City of Meridian there are certain expenses one incurrs when starting up a business, Conditional Use Permit is one of those, this applies to everyone whether it be the operator of a beauty shop in a home, building cabinets in a garage for resale or operating a day care center. A tax advantage also occurs in operating a home day care center, that is the only business that you are legally allowed to deduct all the square footage in your home on your income tax. If one business in Meridian needs to pay for a permit to operate out of their home then everyone running a business in their homes must also to. All business provide a service to the families of this community. One other comment I would like to make with regards to Condition- al Use Permits, is the fact that anybody applying for permit, being it day care center or operating a business in a garage it directly affects all neighbors and that all neighbors should have an equal right to say whether or not a permit is approved. Commissioner Johnson: What do you do for a living Mr. Allison? Allison: I am a Real Estate Broker. Johnson: Would you say that in your business you run across situations where some type of day care facility influenced property values in a residential area? Allison: No, I have not. Johnson: Have you heard of any cases? Allison: Yes, I have, most specifically for example if an individual were out looking for a specific kind of home, if I were to show him a home adjacent to a day care center asversus a home that is not next to a day care center, I can assure you he would choose the one not adjacent to the day care center. So it would directly affect property value. William Cates, 910 No. 21st, Boise, Id: Mr. Cates was sworn by City Attorney: Cates: I am testifing with the specific item before you tonite in regards to the Conditional Use Permit and the requirement that 75% of the property owners within 300 feet of the external boundries of the subject site have to agree to the proposal in order for the Commission to approve that, I would have to agree with the attorney who spoke before me that there are some legal problems associated with that proposal and I would have to agree that what is being proposed is not appropriate in that it shifts the legislative responsibility from this body and the City Council to the adjacent property owners. I think there are some constitutional issues involved there that make it very questionable at best. Commissioner Johnson: With respect to the 75~, you are aware that this is already part of the Ordinance? Cates: I was not aware of this fact. Ruth Raynor, Elm Grove Trailer Park, Raynor was sworn by the City Attorney: Raynor: I am representing the Elm Grove Trailer Park and we are located right behind the Greenleaf Friends Academy Children Day Care Center MERIDIAN P & Z . • JUNE 14, 1988 PAGE # 4 and when they put this in we were not asked, we were not told that it was going in until it was going in. Last year it was bad but this year it is getting worse, the children are throwing rocks hitting our trailers, the lawn is full of rocks they are climbing over the fence and we wonder what we can do about it. It does effect the sale of my trailer. The noise also bothers some of the residents. Chairman Morrow: I understand what you are saying, I have one question, are you a property owner? Raynor: I am not a property owner but I own my trailer. Morrow: You own the trailer but you rent the property, in relation to the 75~ issue we are dealing with, it is 75g of the property owners, in your case the reason you were not informed or asked is the person owning the property was the one informed or signing the application. Raynor: Shouldn't the owner asked us or informed us? Morrow: That is a personal matter between you and your landlord. The way we do things is the property owner is the one who signs or does not sign and is notified of the hearing. Commissioner Alidjani: I have one comment, ing to you, but there is other things you problem, I will stop by and talk to you. I am really sorry what is happen- can do to take care of your Jessie Wilson, 2088 Leann Way, Meridian. Wilson was sworn by the City Attorney: Wilson: I want to bring up the application for Conditional. Use Permit we submitted this spring, at the time we conformed to the 75~ petition that was required, in April at the City Council Meeting the Mayor went on record to state, that if one person objected to the use you were asking for in the permit he would deny the permit. So what I am saying here today is what good does it do to bring up the issue of 75~ with the Mayor on record as going against that position. So I think we have to address something much more than the 75~ and that is, is the Mayor and the Council support these things that are already in place or are they going to just do whatever they seem to want to do at that time, I am not referring to heresay now, I am referring to a statement that was made as a matter of record in a City Council meeting. Chairman Morrow: The only thing I can help you with there is this City Government is a two tear system, we will make recommendation to the City Council and the City Council can choose to accept them, reject them or modify them. Wilson: I just want to bring out the point, for the citizens to approach this and want a permit to go to the expense and trouble, I think they have to have a little confidence and faith that the way it is written down is the policy that will be followed. Chairman Morrow: Let me address this issue for the benifit of the audience in the terms of the 750, currently in our Ordinance for any Conditional Use MERI'JIAN P & Z • • • • JUNE 14, 1988 PAGE ~ 5 we require 75% of the signatures of the adjacent property owners within 300 feet, this is in all zones. The reason we are changing and the amendment being proposed is that in the commercial and industrial zones is that very rarely does the owner of the property live any where close to the property and it has become a burden upon development interest and everyone else concerned to try and get those signatures when you have owners as far away as the east coast and the south, northwest and south- west, it has became not very practical. So what the proposal has been here is dealing with this amendment is that in commercial and industrial areas that we do away with the 75~ requirement and that we leave it in residential areas where everyone has some hope of peace and quiet within their subdivision. This is the reason we are addressing this issue. The other thing is the 75°s is not the sole determining factor as to whether an issue is approved or disapproved, it is one of the guidelines by which we gather information so that we can make a decision and that the City Council can make a decision. Clair Ballantyne, Professional Day Care Providers Association, 1022 Egrrole, Boise, Idaho, Ballantyne was sworn by the City Attorney: Ballantyne: I have here tonite a Supreme Court decision made in Hill verqus City of Ada County, it states rather clearly that the City can not using their zoning requirements and their zoning scheme for a Conditional Use Permit for an otherwise lawful business. The holding of the Court is the Following: We hold it equally clear that the County may not as a part of the Zoning scheme require an applicant for a Conditional Use Permit to obtain a license for the conduct of otherwise lawful business when no statutes or ordinance of either the County or State requires licensing of otherwise lawful business. I have several other items here that make it very clear that in the Idaho Constitution that people have the right to do with what they want to do with their property as long as it is not injurious to other people in their surrounding community.I would like to also add that in my opinion this is illegal and it is extremely unethical and I also strongly feel it is inmoral. Tammy Perkins,233 W. Cherry Ave. Meridian, Perkins was sworn by the City Attorney: Perkins: I am a property owner here in Meridian and like property owners within 300 feet of mine, I also have property rights, I asking for the opportunity tonite to appear before the P &Z and the City Council for issuance of a special use permit based upon whetherI can meet the standards for the issuance of a permit. My neighbors may speak to the questions of whether I meet those standards but shouldn't be able to preclude consideration of my application for a permit. Chairman Morrow: Is there anyone else who wishes to testify on this item? There was no response, the Public Hearing was closed. Any additional comments of the Commission? Johnson: I would like to make one comment with regards to Mr. Wilsons statement regarding the comment alleged to have been said by the Mayor, you said it was a matter of record that he made this statement, it is also a matter of record that many times we have approved, we meaning the two bodies, permits where there has been. opposition. The Motion was made by Johnson and seconded by Shearer to instruct the MERIDIAN P & Z • JUNE 14, 1988 PAGE # 6 City Attorney to prepare Findings of Fact and Conclusions of Law concerning Amendment #2 to the Zoning & Development Ordinance. Motion Carried: All Yea: There was no Motion for a recommendation made. Item #4: Adding & Amending 11-2-418B: Amending 11-2-418B-15 and Adding 11-2-418B -16-17-18: Chairman Morrow: This amendment make the addition of the following that the application will include a copy of the covenants of the subdivision and a statement by the applicant that the proposed use does not violate thaw covenants and by adding 11-2-418 B subsection 16-17-18; Section 16 that applicant agrees to pay any additional water & sewer fees if applicable, 17 that the applicant verifies that the contents of the application contained in the application is true and correct: 18, that no conditional use permit shall be granted if it violates any subdivision covenants or restrictions: Are there any comments from the Commission? There were none. The Public Hearing was opened, is there anyone in the audience who wishes to testify on this item? There was no response: I will now close the Public Hearing: There was no further discussion by the Commission members. The Motion was made by Alidjani and seconded by Johnson to instruct the City Attorney to prepare Findings of Fact & Conclusion on this Item: Motion Carried: All Yea: There was no Motion for a recommendation at this time: Item # 5: Amendment #4: Definitions & Procedures for Day Care Operations: Chairman Morrow: Pre-comments regarding this item, the Land Use Planning Act of 1976 and the~doption of the Zoning & Development Ordinance on April 2, 1984 all in home uses in the City of Meridian are required to have a Conditional Use Permit, the current issue was brought about by a Federal Program for meal and day care centers, these monies were to be paid regardless of the parents income be it $5000 per year or $50,000 per year among other conditions the day care were required to be licensed, licensing requires a fire and building inspection done by the City of Meridian, since none of the day cares had conditional use permits and were operating illegally no fire or building inspection could be made A subsidy is nothing more than one group asking others to work longer and harder so that group may benefit from everyone elses labor with all subsidies and taxes the ultimate payer is always us the consumer, the policy of the present, the past City Administration concerning building, planning, zoning and related issues is that each project stand or fall on its own merits and that each application irregardless of its size pay its own way and not be subsidized by any group or by the taxpayers of the City of Meridian. Currently the application fee is $160.00 which is based on the administrative cost to the City of Meridian all other costs are directly contingent upon the expenses that are incurred to process each application, the exact expenses are unknown until the applications have been completed.This proposed amendment deals primarily with the definition of the different kinds of day care operation and the procedures MERIDIAN P & Z , ~ • • JUNE 14, 1988 PAGE # 7 necessary to obtain approval by the kinds of day care operations. It sh type of child care facility that is children being cared for during the the facility at any one time is the highlites of the proposed amendment Attorney: City of Meridian for these different Auld be noted that in determining the being operated the total number of day and not the number of children at determining factor. These are the I think, I will defer to the City City Attorney: I think it is probably appropriate to point out that the other specific portions pertaining to day care is the change from our existing ordinance which require conditional use permit for any type of day care facility regardless of the size whereas under this proposal if a child care facility has less than five or fewer children it would be allowed as an accessory use , there is a procedure established for this, there other types still require a conditional use permit. Chairman Morrow: Any comments from the Commission? Johnson: There is one point that should be brought out is that this proposed amendment reduced the fee on accessory use to $80.00 from $160.00. Chairman Morrow: Being no further comments from the Commission, I will now open the Public Hearing. The format that we will use for the hearing will be in the order you signed up. You will be limited to three minutes. Michael Ringley, 403 E. Fairview, Meridian: Ringley was sworn by the City Attorney: Ringley: Basically what I wanted to say is that I have had property damage to my vehicles due to the day care that is adjacent to my trailer park. I have repeatedly tried to get the landlord to do something about it and he has asked the day care to do something about it. That is all I have to say is that I have had property damage due to this larger day care center- Chairman Morrow: Basically I assume you are in favor of neighborhood imput into day center being allowed? Ringley: I would be in favor of neighborhood day care if they take the pressure o~~ of the large ones to avoid this property damage. Howard Brown, 400 Cranmere, Meridian: Brown was sworn by the City Attorney: Brown: There will be a lot said here tonite about the economic impact to the businesses and people of the City of Meridian in relation to the proposed day care amendment on the zoning ordinance. I would like to talk about the most important part of this issue that being the children, children have a right to have a place to call home just as we did when we were children, a home to feel secure in, a home to be loved in, a home to grow mature in, because of todays ecomony that takes both parents or the single parent work away from home we have no right to deprive our children of their basic needs. Meridian builds itself as a friendly spirited community that welcomes new residents, business and industry. By passing of this ordinance we are seeing that we will be friends with you but not your children, we are a community with spirit but we are a community with- out children, we welcome new residents but not new children, we want your MERIDIAN P &Z ~ • JUNE 14, 1988 PAGE # 8 business, we want your industry but not your children, gentlemen lets not let the community get to that point. PLease say no on this proposed ordin- ance as it is now written. Morrow: Any questions or comments from the Commission? Alidjani: I would like to make a comment, I have two children and I love children, it doesn't matter what the outcome is here, I disagree with you that the proposed amendment has anything to do with love or hate of child- ren. Brown: As far as this ordinance pertaining to children, I to have children who live in this community, I want to keep my children in this community. If this ordinance passes many of the home day providers will be forced to change their profession. I think that we do have a problem and I think that is why everyone is here tonite and they do want to take care of it, I don't think anyone in this room is against zoning, it just has to be workable zoning for the people, for the community and enforcable zoning for you the members of the commission. Richard Allison, 1040 E. Pine: Allison was sworn by the City Attorney: Allison: I would like to address something to do with all people rights with regard to their own property, I have heard a lot of people discuss here subjugating other peoples property rights with regard to placement of a day care center next to someones elses house without their permiss- ion, without their knowledge, without perhaps their agreeing with this, which may or may not be right but they should number one have their say and number two basically the home is something that is the most valuable asset that most people own, they move into a neighborhood because they like the neighborhood, they like it quiet, they like a specific thing which they move there for and '.n fact if you grant a permit or do not grant a permit may affect the' way in which they enjoy their home, if a person is elderly sleeps during the day, takes naps, works nights and sleeps during the day, they are not going to want to be located next to a day care center that may have up to twelve children and playing in the back yard at one time further when we look at it from the standpoint that a homeowner or a renter, when you rent an apartment your first right is quiet enjoyment, apart from the landlord interrupting your stay, your are also entitled to rights as a homeowner which are covered by covenants, conditions and restrictions, in all subdivisions today we are required to establish covenant, conditions and restrictions to record a subdivision. In all cases that I am aware of with regard to residential property you cannot have a business in that subdivision. That is part of the process. Now we are coming into a situation where we are saying we are going to sujugate the law and we are going to say that this individual who lives next to this person is suddenly going to have a day care center with twelve children and we are talking about 90 x 100 foot lots or smaller in most cases. WE are supposed to enjoy our home next door. In a lot of cases it is not practical, and if you are going to operate a day care you should at-least have the permission of your neighbors. The only other thing I want to say is that it is our right as property owners to have a say in what takes place at our adjacent property. There were no comments or questions of the Commission. JUNEDIAN 19&8Z~ • PAGE 11#49 1 88 Tony Spence, 502 E. State, Meridian: Spence was sworn by City Attorney: Spence: I would like to speak as a neighbor to a day care, I have a day care home right adjacent to my property and I do work nights and I have no problem with the day care there, they do not disturb me. I would like to also say that if you do go on with this proposal that is being made, you are going to reduce business in Meridian, you will take the children out of Meridian, the parents of this community will be forced to either use in home day care in Nampa or Boise which ever area it is they work, thus reducing employment here, as to the in home day care, the operators and what people they may hire, it will also increase the expense to the people who are having their children cared for. Morrow: Any questions or comments of the Commission? Alidjani: How many children are there in that day care home? Spence: Twelve: Robin Ellis, 352 Hope Arms, Ellis was sworn by City Attorney: E11is:I take my children to a day care here in town and it is nice for me to know that they get to school safely, I do not have to worry about someone else picking them up and taking them. This day care is close, it is handy, it is easy for the children and they are able to go to school with their neighbors and their friends. One thing that is nice about living here in Meridian is,it is a nice quiet community. I have checked into day care in Boise, it is more expensive. I can not afford a higher day care rate being a single parent. I would also like to say something about the day care operators, they have no retirement, they have no insurance benefits, no paid vacations and I think this should be considered. Chairman Morrow: Any questions or comments from the Commission? Alidjani: You said you were taking your children to a day care here in Meridian, is it a licensed day care, commercialed or in a home type? Ellis: It is in a home and she has a temporary license the thing I am upset about is that the temporary license expires in August and she will not be able to renew it because of the expense. Al Berner, 2124 NW 12th, Meridian: Berner was sworn by City Attorney: Berner: Gentlemen, I am not against zoning, I agree with the concept proposed by the Meridian Zoning Ordinance, zoning should protect a neighbor- hood, property values and provide for orderly growth in the City, any special use of the property should require notification of neighbors, and provide neighbors an opportunity to make meaningful comments on the effect the use would have on them, this is only fair and is done through- out the Treasure Valley, I appreciate the work of the special committee of the City Council which spent a lot of time and effort on the proposed amendments to the ordinance, while the committee is proposing some improv- ments they are not enough to meet the needs of day care operators and parents, the zoning application could be cheaper and simpler and still protect neighbors. Meridian is the most expensive town in the Treasure Valley in which to operate a day care home. These points gentlemen, for MERIDIAN P &Z JUNE 14, 1988 PAGE # 10 family day care homes caring for five or fewer children, Boise requires no zoning permit, Ada County requires no zoning permit, Caldwell requires no zoning permit for four or fewer children, Meridian however proposing an accessory use permit for $80.00 plus costs, plus a lein on your home to pay application costs, plus a requirement for possible second water & sewer hookup in the amount of $1,130.00. For group day care homes, Boise requires an accessory use permit with a flat fee of $45.00, Ada County requires an accessory use permit with a flat fee of $75.00, Caldwell requires a conditional use permit with a flat fee of $100.00, Meridian proposes requiring a conditional use permit for $160.00 plus costs estimated to total between $400 & $700, plus the lein on the home to pay the application costs plus here again the possibility of additional water and sewer charges. Meridian proposed conditional use .permit is four to seven times more expensive than the permits required for day care homes in any other jurisdiction. It is also most cumbersome and excessive, Meridian is the only jurisdiction that the cost of application is not know at the time of the application, a lein is required on ones home, a second water and sewer hookup is allowed, two fully publicized hearing are required, use of certified letters are required at additional cost, a supporting petition must be submitted signed by at least 750 of the property owners within a 300 foot radius of the property, financial costs excessive as are required by the proposed conditional use permit required for day care homes effect- ively prohibits group day care homes from operating in Meridian. The City could propose a permit that would be cheaper, less time consuming and still protect its neighbors, the two main points here gentlemen are that no one is opposed to zoning in the community but make the requirements somewhat more affordable to those who do provide a valuable service to the community. There were no questions or comments from the Commission: Susan Berner, 2124 NW 12th, Meridian, Berner was sworn by City Attorney: Berner: I would like some clarification on this 75°s, if somebody is renting how do you get the landowners signature, is there a provision for that? Secondly, I hear day care centers, day care homes and family group homes, I would like it clarified that we are talking about two distinct things, one is a day care center is some facility that most of us know as taking care of more than twelve children at any one time, a day home is usually some place that has a garage, it has a fence, it is a home, as a home owner should we sell our house and look for a new home, I do not think that the property value of anybodys home in neighborhood that we would be looking for would go down because I would be interested in day care as long as I have young children. I would look for that, I want my child to go to a home, she is to young to be put in a facility where there were large numbers of other children. I would like to propose that the group home day cares that you have right now under the proposed ordinance that need a conditional use permit be changed to an accessory use the same as a family child care home. I appreciate all the time and effort you gentlemen have put into this, as we have, we all feel children are special they are also our future this problem is not going to go away, it is only going to get worse because Meridian is growing, there is going to be more children and more families in this community and most of them, whether it is half & half they are going to choose to have home day care and some are going to choose to go to day care centers so it has to be addressed here now and if it is not affordable for those who are in the M ERIDIAN P & ~ • JiTNE 14, 1988 PAGE # 11 • home. My main objective is that we all agree that children are special and we all know we are trying to be fair for all businesses but we have to realize because we are dealing with children our most precious commodity, maybe a special accessory use might be more available to all of us and maybe help all of us more. There were no comments or questions from the Commission. Katy Brown, 400 Cranmere, Meridian, Brown was sworn by City Attorney: Brown: As a member of this community, I am concerned with the effect the zoning ordinances if passed will have on my freedom of choice, as a working parent, I prefer my children be in a home enviroment instead of a pre- school or day care center, if the zoning amendments pass many of the home day care and group day care homes unable to pay the fees will be forced to close their doors, the only City approved in Meridian currently is Greenleaf Friends Academy, I do not feel the City should put itself in a position that supports one religous group over another, it is a church sponsored school and I am sure it is a fine facility but I do not feel I should ahve -._,- to place my children in a religous atmosphere that does not go along with my religion. My husband and I both work in Boise but we live here, we built our house here to keep our children in the day care they are current- ly in, I feel confident that my children receive the best possible care, in the child care group home they are currently in. If you take this day care away from us why should we stay here. There were no questions or comments from the Commission: Sylvia Robinson, 1911 No. Illinois, Caldwell, I am the P & Z Director for the City of Caldwell,: Robinson was sworn by the City Attorney: Robinson: Basically I would just like to present to you the way the City of Caldwell deals with the day care situation at the present time which may help you make your decision. Robinson presented a letter outlining the procedures and fee schedule(Letter exhibit of these minutes): Robinson read this letter for the benefit of the audience and the Commission. (This is exhibit A): I might mention that this has been relatively successful, we have approved some we have turned some down we find that there are ares of retired people who simply can not cope with the noise although we know there are many worse things than the sounds of children playing but they have been there and they like their peace and quiet, we also have people who are delighted to have a day care in their area and they take advantage of that service. I would like to enter our material into the record. Chairman Morrow: Are there any questions or comments from the Commission? Johnson: Do you have a Public Hearing? Robinson: Yes, we do P & Z conducts a Public Hearing: I have also included the special use permit procedures in the exhibit. Johnson: Do you have a signature requirement? When is the last time you dealt with the child care issue? MERIDIAN P &Z • ~ • • JUNE 14, 1988 PAGE ~ 12 Robinson: No, we do not have signature requirement: probably within the last five years we have had two or three different amendments, the latest one was to change the zones in which they are allowed we did include the R-1 zone which previously was not included and then we also allowed them in all the commercial zones. Wanda Michealson, 935 Camelia, Meridian: Michealson was sworn by City Attorney: Michealson: Basically I want to second what has been said by several people here tonite, I am not against zoning, I am not against licensing, I feel maybe that you need to have property values protected, need to have a right in what happens in your neighborhood and I think most of the day care homes that I have had anything to do with agree with that, I will take ' one second that while the Hunger Action Council does contract with day care homes to feed children who are in a day care situation and that may have been a historical point I think that the issue of homes that want to be legally zoned and legally licensed is much broader than any program that they may choose to participate in or not to participate in, as a resident of Meridian, I am concerned that people have a way of choosing different kind of facility that are good for their children and concerned that children be put in homes that are legal and above ground. I do not like the idea that children are going to homes that are not legal and have no inspection, no point of contact with other professionals, or any support system because day care is a very demanding business, it is a long business and it is,the one mother said day care providers do not get breaks and they do not really usually have support systems. My concern is that I would like the Meridian zoning codes to be as inexpen- sive and as simple as possible while still protecting the neighbors rights so that we can have legal day care homes and still have neighbors who have their property values protected. I think we can do that, I cannot understand why Meridian has to be 4 to 7 times more expensive than other towns in the Treasure Valley, I think there must be some way of develop- ing a permit that would apply to day care homes that would be less expensive less cumbersome and less scary, otherwise I feel that Meridian will come across as looking, as being prohibitive to day care homes. There were no questions or comments from the Commission: Laurie Jensen, 3354 Tasa Dr., Jensen did not testify: Sharon Bixby, 1968 Mortimer Circle, Boise, I am the director of Child Care Connections which is an agency in Ada County that helps parents find child care. Bixby was sworn by the City Attorney: Bixby: Child Care Connection not only helps parents find child care but also provides training to child care providers. our data collection on what people are looking for and what their needs are is unique in Idaho and I have prepared for you some facts that might help you in making your decision. Bixby presented these to the Commission (These facts are Exhibit B to these minutes) I also attempted to put together some demographics data on the needs for child care based on the US census and on reports that have been generated since the census and combining those with child care connection data, as you can see 47~ of the women in Meridian with children under 6 are in the work force, 65~ of women in Idaho with school age children are in the work force, 72g of Meridian MERIDIAN PLANN~ & ZO~G • • JUNE 14, 1988 PAGE # 13 residents work outside the immediate area. median family income in Meridian is $16,472 compared to Boise median income of $20,884. 628 children in Meridian need child care. 57 0 of Meridian parents calling us needed care near their home, 31o needed care near the Childs school. 49g of these asked for home care, 40% asked for centers. There was a large ~ of these asking for part time care. My recommendation would be that there be no special permit for persons caring for five or fewer children to promote that type of care and I would recommend very low or no cost for a permit to operate a 6 to 12 center. Chairman Morrow: Any questions or comments from the Commission? Alidjani: Relative to some of the facts on the material submitted on the low pay, how much do the people in Meridian get paid per child and per hour? Bixby: I did not bring that information, we do have it in our books. Alidjani: Would you say they would charge about $7.00 per day and if they had ten children that would be about $70.00 per day? Bixby: It usually does not happen that way, some of them are not there all day. Johnson: What is Mountain States Health Corp and how are they funded? Bixby: It is a Corporation that has programs in education, child education and health, we were funded originally by private funds and now we are a part of the United Way. Rountree: How many people make up the statistics you have submitted? Bixby: Typically we receive about 150 phone calls per month from parents and from Meridian we receive about 110 calls per year. Crookston: Do you have any other imput that you would like to give to the committee that you haven't prepared for this evening, what I am talking about it seems you have a lot of information available to you that might be helpful? Bixby: Parents are looking for small family day homes, most of the people who call are looking for a place with fewer than five or six children so being supportive as possible to that small type of facility, people in Meridian want their care in Meridian they do not want to drive to Boise with their children and again taking into account the wages of these care givers, we receive about 70 calls a month from care givers asking for help so we spend a lot of time on the phone and going out to facilities finding out what they need. Johnson: How important do you feel that licensing should be required? Bixby: Absolutely, I feel when people are not licensed they are not receiv- ing the training, the information to make their home safe, they tend to take to many children. THe criteria for children, I have not talked about what they need but one is group size, that is why I think if you are really easy on the small people it is not a big problem. MERIDIAN P & Z • • • • JUNE 14, 1988 Page #14 Johnson: Do you think the present licensing requirements are stringent enough? Bixby: No, I think the ratios are out of line . will Cates, 910 N 21st, Boise, Cates was sworn by the City Attorney: Cates: I am employed by the City of Boise as a development anaylst within the City of Boise Planning & Development department, I have been asked to summarize the fee structure and procedures we use in the City of Boise to process day care applications. Our definitions are similiar to what you are proposing this evening, however with Group Day Centers we do not require a Public Hearing with the P & Z Commission, the Council has decided with the limited impact these will have on the surrounding neighborhood that the applications can be reviewed and approved at staff level, we have a $45.00 fee for this application, staff will review the application make sure there is at least 35 feet of inside space per child, adequate outdoor playground area, as well as fencing, onsite parking and an adequate pickup and drop off point.I~ the application is approved by staff the adjacent property owners are notified through the mail and given an opportunity to appeal that decision to the City Council if the application is denied the adjacent property owners are not notified however the application is given an opportunity to appeal that decision to the City Council. It has been our experience that after they have been approved and operating rarely has there been a complaint about that operat- ion. The intermediate size center does require a Public Hearing before the P & Z when located in a residential zone. The fee for this conditional use permit application is $150.00. Notification of neighbors is required in this type of application. Chairman Morrow: Any question of the Commission? Alidjani: How many are on your staff that make these decisions? Cates: We have three individuals that process these types of applications. Johnson: Three individuals, we are talking about full time paid people? Cates: Three full time paid people. Johnson: Is the City Attorney available for legal advise full time? Cates: We have a City Attorney office full time, I do not have the information as to the number of people available in this office. Johnson: I would like some clarification, from what you testified , I would call it a rear end approach, you approve it and then the appeal process follows, how did you arrive at that decision opposed to having the hearing or taking before the public and then making your decision? Cates: It is my understanding that the Mayor & Council when these fee schedules were adopted because of the critial need for day care facilities that we needed to streamline the permitting process. Johnson: Do you do that with other applications? MERIDIAN P & X • JUNE 14, 1988 page # 15 • • Cates: We do process a number of applications at staff level, we have a design review committee, many of these applications are reviewed at staff level. We also have home occupations that are handled in the same manner as day care facilities. Shearer: In regards to the $150.00 fee , is that the same for other types of Conditional Use Permits. Cates: The $150.OOfee based on what is being proposed is generally applic- able to a number of separate applications other than child care. Crookston: In regards to our definitions, like the Group Care 6 to 12 children, does that mean a total of twelve children maximum in Boise`s treatment of this or does that mean a total of twelve at any one time? Cates: we have interrupted that to mean that you could have a total of twelve children at any one time. You could be providing care for fifty but as long as you did not have more than twelve at any one time This is the interruptation the City Attorney's office has made to be acceptable. Chairman Morrow: What happens if the neighbors do object, how do you shut down a day care that you have already approved? Cates: Generally the appeals have been denied by the Mayor & Council. Chairman Morrow: So they have been approved over the neighbors objection? Cates: That has generally been the case. Chairman Morrow: If the appeal was granted then what would happen? Cates: The zoning department would give them a certain time to desist and if they did not then the City Attorney's office would get involved: Chairman Morrow: What is the City of Boise's budget for the P & Z? Cates: I do not have that information on hand, I have not been involved in the budget process. Chairman Morrow: Obviously your fees are not based on the cost of doing business it is all taxpayer supported, our fees in Meridian are based on our costs involved in processing an application and are not taxpayer supported. Alidjani: I think your process is wrong approving over someones appeal. City Clerk: Is it not true Mr. Cates that it costs the property owner a fee of $100.00 to file an appeal? Cates: That is correct. Mona Dobaron: 350 N. 9th Boise, Dobaron was sworn by the City Attorney: Dobaron: In regards to the interruptation of the tweve children, I was with the City of Boise Attorney office at the time and helped draft the Ordinance and that was the intent when it was adopted, the reason being MERIDIAN P & Z • • JUNE 14, 1988 PAGE # 16 • • economically the child care operations can not survive without a constant overturn of children, you have to have them there a certain number for a certain number of hours, this was also a consideration of the interr- uptation. People have mentioned in testimony tonite and I think there is some confusion that the Ordinance as proposed will not work, you pointed out that there is an existing ordinance that if anything this is an improvement, I think point being made is that there does need to be some change, this definately goes in the right direction but perhaps does not go far enough, you pointed out that even under the existing ordinance that appareBtl~v; in some instances that 100 of the contigious property owners would indicate approval of an application perhaps you did not have the 75g of agreement of those property owners, that you would still consider an application, I think that excellent and rightly so you should but the, way that ordinance is drafted legally you can not consider an application unless you have the petition signed, you do not have a complete application unless that condition is met. This is where a lot of cercern is being generated here tonitg,I think everybody agrees that property owners should definately be heard in conditional use permits, iris. fact the Idaho State Code mandates that the owners within 300 feet be contacted. You have to under the local planning act, but the fact is the property owners are notified so they can provide imput in a hearing format for you so that the conditions you have with the issuance of a special permit can be considered the imput goes toward those conditions and you can weigY~those conditions and make a decision. Regarding fees and sewer fees which are presently in.place, legally you can not make a class distinction for this group, it would not be right to make a smaller fee for this group opposed to any other group. However you have to base the fee upon the actual costs that you incurr~§nd I think that what people are saying that there is some question as toywhether or not $160.00 intitial fee is being incurred. Alidjani: I have one comment, if it is a business as far as sewer fees they need to pay their fair share, why should some other taxpayer pay for their sewer fee and they don't? Dobaran: I agree with you, I do not think the general taxpayer should subsidize any business, sewer systems should be operated on a cost basis. You need to determine what a fair share is, you have to look at consumption There was discussion on the sewer charges. Chairman Morrow: I would like to make one comment ih regards to the cost basis there again in relationship to the other communities in the Treasure Valley, the other communities in the Valley have full time staffs, some of them very large, some of them very small, Meridian has no full time staff no part time staff, the point of our $160.00 and those costs we would be hard pressed to even dispute those costs because you do not have any people , our cost basis is based on our actual cost of production and each application is charged based on that, it appears to me that the other communities that have full time staff that are taxpayer supported there costs are somewhat arbit:ra~,, Dobaron: I can assure you that when those costs are set that they won't be arbitraryand every attempt_is made to cover those costs of a full time staff that can be associated with processing those applications. My firm also represents the City of Eagle and I can tell you they do not have a full time staff and the costs there are not anywhere the amount they are MERIDIAN P & Z• • • JUNE 14, 1988 PAGE #17 in Meridian. Chairman Morrow: Do you prepare findings of fact? Dobaran: We do it very differently because findings of of law are so very standard really, in some instances unique factor to incorporate into them, the City Clerk, with them and taught them how to develop them when they review them as a part of the City packet. C~ fact and conclusions there will be an we have worked are completed we Tammy Perkins, 233 W. Cherry, Meridian, Perkins was sworn by City Attorney: Perkins: I would like to addres the paragraph of the proposed ordinat~~e section 1-C, it should be noted hat determining the type of child care facility is being operated the total number of children cared for during the day and not the number of children at the facility at any one time is determinative, I own and operate a group child care home and that is the type of permit that I am interested in, so what we are talking about here is twelve children and by the definition that would be twelve children enrolled, currently in my day care I have eighteen children enrolled, there was a lot of concern about this when I mentioned this a few months ago , I have been State Licensed for 4'~ years and I have allways maintained that I keep just the twelve children within my home at any one time. I have children that come and go I think one of the things that need to be considered here is one thing there was a lot of concern about the traffic where I reside I am very close to the primary school and of the eighteen children I now have currently enrolled, seven of them are living within two blocks of me nine of them are within walking distance so as far as there being a lot of traffic to and from my home there isn't, I think if you look at a lot of the-other homes you will find the same thing. One of the things that is going to be most greatly affected by this is there are many, many people that have part time jobs, more and more major companies are going to that, so we do have children that are there for four to six hours a day and with my eighteen enrollment there are children that I maybe see every two or three weeks, some of them only once a month. They are on my enrollment, so I am able to take them that is not to say that there are eighteen children there every single day. School children are the ones that are going to be the most affected, I have more than 2/3 of my enrollment are school age children, those children are there from 1 to four hours a day. Some come for maybe 45 minutes in the morning and then are not there in the afternoon, so I cannot charge these people a full day rate. We only charge the parents the hours the children are in our care. There two facilities here in Meridian that care for children 24 hours a day and I think if you limit this to twelve children enrolled in a facility in a twenty four hour period it will put such a task on us in our business that we will not be able to survive. Chiarman Morrow: Any questions or comment from the Commission? Alidjani: Why did you start this business, if it was not to make money are you just doing because you enjoy children, working free? Perkins: I started this business 4~ years ago, for me it is a business it is my livelyhood, I am a single parent and this is how I support myself this is how I keep myself off welfare, I have had to work other MERIbIAN P & Z • JUNE 14, 1988 PAGE # 18 • • position at time, I mean I work part time jobs at times, along with my day care. Johnson: It seem to me the location of your business unique and very well situated for what you do , children in walking distance of school and etc where are you located exactly, I missed the address the first time? Perkins: 233 West Cherry Avenue: Johnson: Is that in what we would refer to as a subdivision? Perkins: It has a title of a subdivision: Johnson: What are the two most important things that you think are wrong with our proposed ordinance? Perkins: One is the cost you are asking to o btain approval, second is the limitations you are trying to put on us as far as the number of children that we can have in our facility in a twenty four hour period. City Attorney: How many day care facilities are there that operate the way you do, basically the number of children that you are aware of? Perkins: When this started in March there were fourteen of us that had been State Licensed that were operating here in Meridian, now there are currently nine. I think there probably are that many here in Meridian that are not licensed. City Attorney: What is the most and the least you have had on your enrollment? Perkins: Twenty four and the first year I started probably eight. Katy Reierson, 2043 Kristin Way, Meridian, Reierson was sworn by City Attorney: Reierson: My concern is the fact that the fees you are proposing for the small family day care of five or fewer and possibility the one for the six to twelve children are to high for the type of people who are doing this kind of day care can afford. My day care has to work to supplement the income of her husband and at time when they have not had enough child- ren there to take care of they have had to go on food stamps and other public assistance. In visiting with the person who takes care of my child if the fees areas high as proposed which is the $160.00 she will have to go out of the business because of the fact she will no longer be able to be a licensed day care person, who in turn by being licensed can also apply to the food program. By being in the food program it keeps her costs lower so people like myself and others like myself who obtain her care can keep their prices more reasonable fee so people like myself can go ahead and use her and not have to stay home myself and take care of the child. I prefer to work because I like to add to the economy of the whole country and to my own family but I also want to have an in home day care that I feel good about that is small enough and not a big facility. I am also concerned abouttkae increase in sewer fees, if you are going to increase the fees are you going to decrease my fees? Basically I think you are on the right track, I agree with the 75~ approval of the neighbors within 300 feet, but I think there is to much in the way you are MERIDIAN P & Z• . JUNE 14, 1988 PAGE # 19 • • asking for a fee and I do not want my operator to have to go under- ground and in turn charge me a higher fee because she can not afford to have the food supplement program which is set up to be a subsidy for people who are licensed, I can not afford to pay more for day care. Chairman Morrow: Any comments or questions of the Commission? Alidjani: Questioned how much she was paying for day care. Johnson: With the respect to the food program subsidy, I ran a mini survey of my own with respect to child care costs for those that are , licensed and received the food program subsidy and thos that do not ~' and it was interesting to me to find that the fees did not vary, so when you make the comment it keeps the fees lower by being eligible for the food program, I find that a little difficult to believe. Reierson: I might add it is a way of keeping the cost down for quality day care and proper nutrition for the children. Debi Cavanaugh, 581 Lynhurst: Cavanaugh was sworn by the City Attorney: Cavanaugh: I have here some comments from some of the parents who use my day care as to why they prefer home day care and I also had two of my nieghbors write a statement and I would like to present this to you. I would like to also make a comment about the water & sewer additional charges, it would be very hard on me if I had to pay the additional $1130.00: When talking about fees we receive you are not considering the extra expense that goes out, I have spent $800.00 just this year in toys, plus the extra expense for water, power and other items. We do turn it in on our taxes and I came out in the red. Chairman Morrow: Any questions or comments from the Commission? City Attorney: How many children do you have enrolled? Cavanaugh: I have twelve enrolled: City Attorney: Have you been over that amount before? Cavanuagh: I have had eighteen enrolled but I have never taken in eighteen, I have never taken more than twelve. City Attorney: ?FIere you here when Perkins testified, would you agree with the same numbers that she referenced as far as the possibility of the number of group child homes in the area? Cavanuagh: Yes: Bruce Honey, 692 W. Idaho, Meridian; Honey was sworn by City Attorney: Honey: I am here as a fourtee parent with four children, my Fischer is sitter who watches was a time when I was working of that time frame the larger they wanted to much money for i year resident of the City and a single youngest is four years old and Jane her for me when I need child care. There from 5:30 a.m. to 2:30 p.m. and because child care agencies, Greenleaf included, the time I needed the child there, I only MERIDIAN P & Z • • JUNE 14, 1988 PAGE # 20 • • needed the child there three days per week, they also were not open the hours that I needed, most of these places are open from 7:30 a.m to 6:00 p.m.:, My background is law enforcement, law enforcement people work twenty four hours a day, their shifts continually rotate and as a single parent I need all the help I can get. Law enforcement people, the majority of the people in this city we live here because we like the school district, we live here because it is a small city, it is a nice town, I do not want to have to move to Boise because of the poss- ibilities that might come out of your ordinance I agree with the licensing aspect, maybe the criminal backgroung check but I think your fees are to high, I definately disagree with the additional sewer fee because you are being paid for it by the water that goes through the meter whether the child is in their home or in my home. You should not need an additional fee that is a hookup fee for x amount of water that would be going through this when you are not even going to put in new plumbing. What is the additional hookup fee for? Chairman Morrow: Hookup fee is really very very poor terminology, basic- ally what the additional charge for sewer capacity utilization are rather there on something as small as this or something as large as industrial user, what that facility does is it buys capacity of the treatment plant, historically we called them hookup fees for the lack of a better term, a very choice of words, in essence what additional charges are so that facility buys, in essence buys treatment capacity in our sewer plant. There was more discussion on this.The City Attorney explained what this additonal fee was and gave an illustration.He also pointed out that in the proposed ordinance that it would only be assessed if required, it was not mandatory. I should not say it is not mandatory, I should say it is not automatic. just because they are applying for whatever type of day care they are appling for. Jane Fischer: 715 Longford, Meridian, Fischer was sworn by City Attorney: Fischer: First of all I would like to say I am not against planning and zoning, neighbors rights do need to be protected, they do need to have some say in what we do, I did do some checking around with other areas on what they do and Ada County could not make it tonite, they did want me to submit some information on what they do in their area, this was submitted to the members (on file with these minutes). I do have several that are enrolled in my day care I started this business back in September and there have been two times that I have had twelve children at one time in my homg there have only been two times not two days, often I have like fifteen children in one day but it is because I have a child for just a couple of hours in the morning or a couple of hours in the evening.I care for children when parents go out, I also care for children seven days a week, twenty four hours a day. There are people who would not have a place to take their children if there were not a few of us who do that. All my drop-in children are told in the beginning when they sign up that it is only if I have room for them , they have to call me in advance, they have to let me know, they can not just drop them off If they have two children and I only have one place I can not+-^ them and I dq not. but I do have more than twelve usually in a day. These people that I have part time would have to find some other place to MERIDIAN P & Z • • JUNE 14, 1988 PAGE # 21 • • take them if I am limited or they would have to pay full time rates. About half of my children are school age which I have for maybe one hour in the morning and one to two hours in the afternoon. During the day I do not have twelve children because I have my before and after school children. I do think the cost is to great for me, what you are wanting to do, I would like to see our neighbors rights pro- tected at a lower cost. I also question the water & sewer. Chairman Morrow: Any questions or comments of the Commission: Alidjani: If I understand you correct the only problem you have is with the twelve at a time or twelve for the whole day? Fischer: Yes, I do have a problem with that as well as the cost, the cost of the conditional use permit, we do not know until it is completed. I do not think that is right, I think there should be some set amount. so that we know before we decide to apply how much the cost will be. Then the lein on our property: Chairman Morrow: To clarify this, basically what happens is you sign authorizing for a lien if you do not pay the costs. This is all you are authorizing to give the City a way to collect if not paid. Patsy Garrett, 934 E. 5th, Meridian, Garrett was sworn by City Attorney: Garrett: I feel comfortable w3asace we are at, when I came in tonite I did not feel we were headed in the same direction at all and Ifeelat least now we are the road to and I would like to say also I appreciate your time, when I first came to Meridian, I went to the City Clerk's office to ask about a license and I was given a application for conditional use permits was told to do everything on that permit and turn it back in and then it might not be heard or looked at. I went to the State and they said they did not know that I needed anything from Meridian and they went .ahead and licensed me. I have three children of my own and that is why I am doing day care, I have had my children in day care, I was a single parent, they have been through sexual abuse, they have been through verbal abuse, physcial abuse, they have even been tied up in bed, I want to be able to offer some parent and some children and I do offer these children that are going through divorce, death in the family it doesn't matter what they go through they have stability when they come to me, they know that they are loved, they are nutured, there is not a time during the day that I can not take them on my lap and give them some of what they need , I mostly want to reinforr_e,~~ the need for day care homes some of this abuse that went on with my children happened in a day care center that was run by a church. as far as the elderly, I appreciate your concern for the elderly but we are living in a different time right now, there are not any neighbors and I have no objections from my neighbors, in fact I have a letter from my neighbor and one of the person that spoke tonite was one of my neighbors. If you have questions about rates, I will be glad to answer them. I charge $8.00 per day for one child, I have a family of two and I charge her $9.00 for two children. I have another family I charge $9.50 and I have one little girl that I charge $6.00 the parents are not able to afford anything different. Chairman Morrow: Are there any questions of the Commission? There were none: MERIDIAN ~ Z • JUNE 14, 1988 PAGE # 22 • • Sheila MacPherson, 6109 Poplar Boise, MacPherson was sworn by City Attorney: MacPherson: I am also the former president of the Child Care Association and have been a child care provider for eleven years, One of the things I would like to bring up is how much money they are making, if they were making that much I would still be doing it,there was a survey done by the Idaho Hunger Council on March 15, 1988 of the fourteen licensed child care providers in the City of Meridian,-I have it here and I can pass it on, the average hourly rate for the providers was $3.26 per hour which is less than minimum wage. One thing I heard was there was a lot of noise, when Boise City went to hearing I brought my 83 year old neighbor and she testified, she loved and adored the children, I think getting them to know the children and you and getting around is very important, I do not think children should be left outside by themselves that is where the noise factor comes in. Costs that I have heard are very high and the only thing that I can see before we went into hearing, but talking to other providers at that time what I heard was I am going under- ground or I am closing my doors and I am not paying for this the parents are, if I have to pay these fees there is only one way for me to go and that is the parents are going to pay for it and the parents can not afford it. One other thing is some of the time the providers do not get paid by the parents. Chairman Morrow: Any questions or comments from the Commission? There were none. Diane Nivens, 2126 N 16th. Boise, Nivens was sworn by City Attorney: Nivens: I am currently the president of the Idaho State Child Care Association, I am for licensing, I went into this business after a divorce and having a child and trying to stay off.. welfare, I do believe that the costs are way to high because like they say running a day care takes money to feed the children, for medical for the child, medical for your self. liability insurance is outrageous for day cares, the costs of main- taining a day care is a great deal and to me it sounds like those of us that are trying to be licensed and really trying to have a safe business we are the ones getting hurt by this because everybody is trying to give us more costs, more of this and more of that, I know people out there that are not even licensed and nobody cares. You are talking about only a part time staff and it is going to take another part time staff just to keep up on who is licensed and who is not. As far as children damaging a neighborhood, I think any neighborhood with teenagers is going to have damage, I have a fenced yard and my children do not get out of it. As far as noise, I watch six to eight children and I do not think they make any more noise than a normal family with up to four children because usually you have a couple down .for a nap. Most of us take children that the big centers, they can not afford, big centers charge when they take off sick days, when they take off for vacation, most of the home people do not. Chairman Morrow: Any questions of the Commission? There were none. Jesse. Wilson, 2088 Leann Way, Meridian, Wilson was sworn by City Attorney: Wilson: I have a question, who drafted the proposed ordinance we are speaking about, did this include people providing day care or needing MERIDIAN P & ~ • . • JUNE 14, 1988 PAGE # 23 day care, just who drafted what we are trying to do? Johnson: We had committee.meetings with imput from Mrs. Michealson and other people and a concensus was arrived at and the techn:~l part of the'c4~aft.~g; was done by the City Attorney. Wilson: I have one thing that has come up over and over seems, in the course what has happened tonite is the fear of the noise level for children and I really wonder how noisy children really are, this is kind of an abstract thing, in your minds maybe they are noisy and in someone elses mind it is kind of a sweet thing. There are lots of noises over and above the sounds of children, not only in my opinion but a lot of objective evidence or indication tonite from other people where they have indicated that da care providers did not have the complaints that we might imagin~that they would have. What bothers me most is, I think the group unless I read you wrong is there is concern for cost and legalities and the trouble you might get into as a body as to opposed to try and answer the needs of the majority and what the people in Meridian really want. I know one legality can cost a lot of money but I think your roll and I do not want sound like I am telling you your job totally but I guess reminding you as I see it, the roll is to try an,fdo what you think is right and do what the majority of the citizens want and deal with those situations and complaints when they come up. I know everybody has a right to voice their complaints and I think they should be heard but not all complaints are legitimate complaints either so we should not auto- matically cast it in our mind that a complaint is bad or that we just can't deal with it. Putting this in prospectus, I do not know why there is so much concern here with this type of business, there seems to be some kind of fear here and that it is going to escalate and get away from our hands and we will not be able to stop it. Like we are going to legitimize something that we may not like later on down the road. I know in my area there are enough businesses going on now that are not acceptable, they are against the codes, I just really question whether this group or the City has taken any action to enforce what is presently on the books now against the people that are already in violation. There is everything from real estate sales, trailer sales, cookies sales, to tractor-trailers to you name it it is there. Why it seems like the punative attitude here toward a business that I think at least provides a more legitimate service to people and to children as opposed to a straight profit making sort of enterprise. Chairman Morrow: Any questions or comments of the Commission? Johnson: I think maybe it is time to get back to basics, we have a zoning ordinance in place, you people as a group have come to us and said we need to get licensed, there is no provision to do that under the current ordinance, can it be revised so perhaps it is easier, we have the meetings, we have come up with a proposal, it is just a proposal which we think makes it somewhat easier by definition & etc. to get licensed. We are trying to help you, we are not the bad guys in the black hats, I do not have a yellow or blue shirt but I would wear one because I have four children of my own and they have all been in day care providers and centers, and some are still going back to basics we are trying to improve the situation for you and in doing that we cannot afford the luxury you have got of looking down a narrow tunnel at what you are doing as being better and more serving than any other MERIDIAN P & Z • • JUNE 14, 1988' PAGE # 24 • • business, we have to look at it unfortunely with respect to the ordinance as it effects everybody in business whether it is a radiator shop or whatever it is. Our hearts are not there but what our job is since you wanted to tell us what our job is, I am trying to tell you how I preceive my job and that is to follow the ordinances make recommendations that I think would better the community, that the City Council can act on because we have no authority here we are here as a recommending body We do leg work and paper work and we donate our time so the City can react to what the public wants, I think that is why we are having this hearing and I think that the fact that the City through the media and other place have been painted in a bad light, I have the headlines and the clippings to prove it, we are the bad guys, we are against kids, we are against day care centers, We are not aginst these thing, I want to go on record of making that statement. Wilson: I think it is important that you say that as I do not think everybody shares that impression and we all have our opinion and right to it, I do not think you are wearing black hats but I do not think you are wearing white hats either, I think that a lot of obstacles. have been thrown in the way, you know me and the previous situation we have been through all the ridiculous stuff that was thrown in the way and the unnecessary hurdles and it is hard to be convinced that theneare not hurdles being thrown in there for the sake of preventing the whole thing. The sewer issue has been beat back and forth, these children will use the same capacity whether they are in their own residence or whether they are at a day care center. There is no logical point there for this at all. Johnson: I feel like I have been put on the defensive by comments by speakers at the Chamber, by the media and I think you people need to understand what we are trying to do on a channel basis and that is to treat everybody as fairly as possible and you know that is hard to do, that is almost impossible to do if we cater to a special interest group and you are a special interest group, we are wide open, we are not scared of the liability but we want to be consistent. Wilson: That is why I bring up the inconsistency;- between, nobody really ever addressed that is there any enforcement being taken, Johnson: I would like to comment on that to, you do not want and those people out there do not want a police state in Meridian where we go around and because we have an ordinance that says you cannot grow weeds over fourteen inches high that we fight everybody that has a fourteen inch weed in their yard, you do not want that, we operate on the squeeky wheel theory here, because of our funds and the staff, if somebody comp- lains then we follow up on the complaint, we do not go around looking for violations. Ray Fischer, 715 Longford, Meridian: Mr. Fischer did not testify. Darrell Calhoun, 2586 Misty Drive, Calhoun was sworn by City Attorney: Calhoun: I am in favor of the proposal that is in front of :the Commission, A few points that have been brought here tonite, one, the employee of the City of Boise that was here tonit~ I would like to point out that he was here as a private individual and not as a representative of the City of Boise, I wanted that point brought up because Mr. Alidjani brought up a point of how their system worked , I hope we never adopt a system of that MERIDIAN P & Z • • JUNE 14, 1988 PAGE # 25 • • type, comments been made about what Caldwell charges, what Boise charges, that is fine, let us be concerned with Meridian and I feel if a residential area is producing more garbage, using more sewer that should be charged for, I feel also in licensing law and why this has been brought up to get people the fire inspections to where they can be licensed if possible to be licensed and give the Cities control they never had to possibly inspect these places, some of them need to be inspected, there are some good ones and there are some bad ones, lets not adopt what Boise has, lets not adopt what Caldwell has, we live here, you fellows and the City Council and Mayor I think will be able to direct us in the right tone and the right direction without going by what the other cities have done. I think we can maybe use them as some guidelines. As far as the noise and impact on neighborhoods, I would say yes, there is an impact, if a family is taking care of ten to fifteen children, :say there are ten there are ten cars dropping them off in the morning and probably ten picking them up, there are twenty more in the neighborhood, it is an impact on the neigh- borhood, those things need to be looked at, but I don't feel you can go by what the other cities are doing, they have a different tax base than we do, I feel that we need a licensing, there are probably going to be some hookup fees, one thing that I think people are scared of here is that they do not understand what the additional fees are going to be if they use 1000 gallon of water compared to 2000 gallons, I would say this is something that needs to be clarified. Please do not adopt what other cities do and do what we need to do to protect our property, I have children here, I have them in day care centers, but we need to have the protection in our city of our properties and having a say as to what is next door to us. There were no questions or comments from the Commission. Steve Mortensen, 1338 W. 4th. Mortensen was sworn by the City Attorney: Mortensen: I moved from Nampa to Meridian and what I looked for when I moved here was a day care near a school, it was quite hard to find one I felt very lucky in finding one, I say to Mr. Calhoun what is he going to do when they all go under and they are not going to be here and you have to take them to Boise. I would like some clarification, is that 75~ of the people have to be heard or 75~ of the people have to say yea before you will even consider it. It was explained that there was a petition with the application on which you had to obtain 75~ of the neighbors within 300 feet to sign before the application could be accepted. Mortensen: This is something that needs to be addressed maybe this is being taken lightly, there are people I know who will be stubborn and just say they do not want it, no matter what, I guess this is something that is already in place. Johnson: This is the way we have been operating for years. Alidjani: This is basically for your protection so that you know what is going next to your home. If you do not get the 75% you know that you are not going to obtain what you are asking for. There was more discussion on this. Mortensen: Might I ask you one question Mr. Johnson, you asked the question MERIDIAN P & Z • • • • JUNE 14, 1988 PAGE # 26 why is it not more money or less money because there is no food provided in the homes? Johnson: I was talking specifically toa survey I did, I called people that are in this business, I got rates and I asked them if they were licensed and if they were in the hunger program or not and I was only interested in one thing whether or not they were higher or lower if they had the food program. Mortensen: If they did not have the food subsidies I would have to provide the food. Johnson; You are missing the point, some speakers said this is how we keep our costs down and I am saying it do?s't wash because those people who are not getting the subsidies are charging the same rate as the ones who are. Mortensen: I am very satisfied with the day care here in Meridian, I don't want to take my children to Boise, if the expenses and the 75~ all the things in the ordinance shut down the many day care centers, I have called many day cares, I have even called the Boise Day Care Center group to try and find one here in Meridian, I just want to say I am satisfied with the day care centers that are here and why push them out of city. Chairman Morrow: Any questions or comments from the Commission? Alidjani: I want to make the comment that the 75% of your neighbors have to sign your petition is legitimate, there has also been testimony that the children are going to be leaving Meridian, no children are going to be leaving Meridian. They are going to stay here. Johnson: You know the beautiful thing about the free enterprise system is where there is a demand somebody fills it, why did you have to say why you are trying to push something out, we are not trying to push any- thing out I take offense to that really, what we are trying to do is make it a little easier for you we have learned some things here tonite I am of the opinion right now that we need to look at our costs because I hear costs costs, costs, I don'.t know how much it costs for a sewer hookup, I am not an engineer, I do not run the sewer plant, I do not know that, I think that is something we really need to look at, we are not all bad guys. Laurie Jensen, 3354 Tasa, Meridian, Jensen had left the meeting and did not testify. Chairman Morrow: There being no further people signed up for testimony, I will now close the Public Hearing. Is there any other discussion by the Commission? Shearer: I would like to make a couple of comments, not necessary that I am in favor or opposed to any of this but I would like to point out once again that what we are considering here tonite in this proposed ordinance reduces the requirements from what our existing ordinance. Number two, conditional use permits costs on this thing, it is not just day care conditional use permits costs that are higher in Meridian, conditional use costs of all businesses and as the Chairman indicated the individual 'MERIDIAN P & Z • • JUNE 14, 1988 PAGE # 27 • • businesses are paying those costs and not the other taxpayers, I think we got excellent comments from you as a audience here tonite and i would like to compliment you and I think it clarified a lot of things for a lot of us and we will sure consider all of this testimony as we proceed along. Chairman Morrow: There being no further comments, I would ask for a motion for findings of facts and conclusions. The Motion was made by Alidjani and seconded by Shearer to instruct the City Attorney to prepare Findings of Fact and Conclusions of Law on the proposed amendments to the Zoning & Development Ordinance. Motion Carried: All Yea: Chairman Morrow explained the procedure that would follow this hearing. The Motion was made by Rountree and seconded by Johnson to adjourn the meeting at 10:50 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDING) OTHER MATERIAL SUBMITTED DURING THE HEARING ALSO ON FILE WITH THESE MINUTES) ATTEST: .. Mayof & Council P & Z Commission Atty, Eng, Fire Police, Stuart, Ward, Gass, Mitich, Hallett Valley News, Statesman ACRD, NIMD, CDH, ACC Settlers Irrg. APPROVED: ~~ZiLIL't i/" WALT MOR OW, CHAIRMAN File (1) The City of Caldwell uses the following procedure under zoning for child care facilities: There are 3 residential, 4 commercial and 3 industrial zones within the City. The City requires a special use permit for child care facilities in the R-1 single family and R-2 combined medium density residential zones. The use is permitted outright in the R-3 multi-family high density residential, all commercial zones and the light industrial zone. The position has been taken that the use should be allowed in business and industrial areas as well as residential to accommodate those corporations and entities who might wish to include child care as a service to their employees. Child care facility is defined in the Caldwell Code as any place of business or establishment operating within the City by taking in five (5) or more children (under the age of 12 and excluding the proprietor's children) at one time, to care for or attend to for any part of a twenty-four hour day. The Fire Inspector makes a determination as to how many children the building or home can accommodate based on square footage required per child and looks at adequacy of the play area and fencing. He also recommends placement of smoke detectors and fire extinguishers, and checks the exits. In addition to the Fire Department's requirements, all State regulations must be met. Where a special use permit is specified, we have the applicant fill out the special use permit form and describe the intended activities in a narrative. In the narrative, we ask that the applicant provide the following information: Maximum number of children and age group. Hours of operation. Number of employees. Capability of providing off-street parking far employees. Loading and unloading plan and access. Play yard fencing existing or planned. Any other pertinent information, such as surrounding land uses and what impact there might be on the neighborhood (noise, traffic, etc.) Information regarding the number and age of the children and the hours of operation is included in the notice of public hearing sent to property owners and residents within 300 feet. Engineering and planning office provides the maps and conducts the title search to determine these owners and residents. The special use permit fee is $100, which includes publication of notice, title search and notification by regular mail to the defined area. The mailing list can be certified by the City Clerk, if necessary; but we usually try to resend returned letters or keep them on file in case a property owner claims to have not received notification. 6_2_~ • excer~ from City of Caldwell Zo>~g ~ -2-1 6-14-88 Ordinance TABLE 1 LAND USE SCHEDULE NOTE LAND USE DISTRICT R R R C C C C M M I 1 2 3 1 2 3 4 1 2 P AGRICULTURAL 1 Agriculture, general P P P P P P P P P P Roadside stand P P P P P P P RESIDENTIAL Rooming-boarding house S P P P S S Single-family dwelling Manufactured home P P P S S S S S S S Two-family dwelling S P P S S S S S S S Three-family dwelling P P S S S S S S S Four, five and six-family dwelling S P S S S S S S S Fraternity, sorority house- dormitory S S S S S S S S S Home occupation P P P P P P P P P P __ Mobile home park 5 S S Mobile home (see "T" Overlay Zone) Mobile home subdivision (see "T" Overlay Pone) - Multi-family dwelling P S S S S Planned unit development S S S S S S S S S S Convalescent, nursing-rest home S P S S S (Ord. 1638, 3-1-83) COMMERCIAL Amusement centers, indoor only S S S S Auction establishment S S S S Auto sales, minor repair, storage, rental S P P S P P Bakery or bakery goods store P P P P P P Bank, savengs and loan P P P P Barber, beauty shop S S P P P P Bar S P P P Bowling alley S P P P Building supply outlet S P P P Car wash S P P P P P - Cabinet shop P P P P P Child Care Facility S S P P P P P P Cleaning, dry P P P P 1285 ~~~~~f~ 6-5-4 • • • • 6-5-4 Business or substance or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreation or amusement enterprises or the maintenance and use of offices or professions and trades rendering service. (Ord. 1451, 12-13-77) CHILD CARE Any place of business or establishment operating within FACILITY: the City by taking in five (5) or more children (under the age of twelve [121 and excluding the proprietor's children) at one time, to care for or attend to for any part of a twenty four (24) hour day. (Ord. 1714, 11-12-85} CLINIC: A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical and surgical attention, but which building does not provide board, room or regular hospital care and services. COMMISSION: The Planning and Zoning Commission. COMPREHENSIVE The Comprehensive Plan of the City officially PLAN: adopted by the City. COUNCIL: The City Council. COUNTY CLERK: The County Clerk of the County. DENSITY: A unit of measurement; the number of dwelling units per acre of land. (A} Gross Density: The number of dwelling units per acre of total land to be developed, including public right of way. (B) Net Density: The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right of way. DRIVE-IN An establishment, other than an automobile service ESTABLISHMENT: station, which is designed to accommodate the motor vehicles of patrons in such manner as to permit the occupants of such vehicles while remaining therein, to make purchases or receive services. 7285 ~ , ) ~ ~ ~ /~} X ~ i (l ,/ 6-4-5• • • • 6-4-6 (F) In reviewing an appeal pertaining to a variance request, the Council shall hold a public hearing using the public hearing notice procedure prescribed for the Commission and may approve, disapprove or modify the action of the Commission. Persons appealing a decision of the Commission shall pay for advertising costs for the public hearing notice. 6-4-6: FEE 3CHHDULE: The following fees shall be paid by applicants at the time of filing an application: (A) To amend the text of the Zoning Title or amend the zoning boundary of any zoning district: 1. Change zoning boundaries, $100.00. 2. Change the Zoning Title text, $50.00. (B) For a special permit or planned unit development: 1. First 99 units, $100.00, plus advertising costs. 2. 100 to 299 units, $200.00, plus advertising costs. 3. Over 300 units, $300.00, plus advertising costs. 4. Other special permit or planned unit development appliatieMt,g4O0.00, plus advertieiflg costs. IC) For a variance, $50.00, plus advertising costs. (Ord. 1451, 12-13-77) 778 ~~ ~jc Special Use Permit for Child Care Facility In narrative, provide the following information: Maximum number of children and age group. Hours of operation. Number of employees. Capability of providing off-street parking for employees. Loading and unloading plan and access. Any other information you feel is pertinent, such as surrounding land uses and what impact you might have on the neighborhood (noise, traffic, etc.) Play yard fencing. An inspection by the Fire Inspector is required. I xb,b,~ A g_¢~ • • • 6-4-4 C) the Commission will serve to provide the necessary information to enable the Commission to act. 2. Not later than ten (10) days after the conclusion of the hearing, the Commission shall file with the Council a written report stating the action taken by the Commission and its recommendation. (D) Council Notice and Public Hearing: At its next regular meeting after the Commission has filed its report to the Council or at such time to which the matter may be continued, the Council shall set the matter for public hearing and the Council, prior to adoption of an amendment, supplement or repeal of this Title shall hold at least one public hearing using the same notice and hearing procedures as the Commission. If the Council makes a material change in the Title, other than that published for the present hearing, further notice and hearing shall be provided before the Council adopts the amendment, supplement or repeal. (E) Action by the Council: 1. If the Council approved the proposed amendment, it shall thereafter be made a part of this Title by appropriate amendment of the Official Zoning Map and text. 2. The Council shall accept the recommendation of the Commission unless rejected by a vote of one-half (Yz) plus one of its members. 6-4-4: SPECIAL PERMIT PROCEDURES: lie following provisions shall apply to special permits: (A) Every use which requires the granting of a special permit is declared to possess characteristics such as to require review and appraisal by the Commission to determine whether or not the use would cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity. The Commission may require higher standards of site development than listed specifically in this Title in order to correlate the proposed use to other property and uses. The Commission may revoke or modify its approval of a special permit in accordance with the procedures set forth in this Section under specific conditions and when it is not in conflict with the Comprehensive .Plan. (B) Applications for special permits shall be filed with the Commission on forms prescribed by the Commission accompanied by such data and information necessary to assure the fullest presentation. (Ord. 1451, 12-13-77) 1. See Section 6-4-616) of this Chapter, fees ~i 5-4-4 • . • : 4-4 IC) The Commission shall conduct at least one public hearing on each special per- mit application in which interested persons shail have opportunity to be heard. At least fifteen 115) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the area. Notice may also be made available to other papers, radio and television stations serving the jurisdiction for use as a public service announcement. Notice shall be posted on the premises not less than one week prior to the hearing. Notice shall also be provided to pro- perty owners or purchasers of record within the land being considered, three hundred feet (300') beyond the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed special permit use as determined by the Commission. When notice is required to two hundred (200) or more property owners or purchasers of record, an alternative form or procedure of official notice shall be that the public hearing notice shall be published in the official newspaper or newspaper of general cir- culation two (2) consecutive times. IOrd. 1746, 7-29-87) (DI The Commission shall cause to be made by any of its own members or by any member of its staff, such investigation of facts bearing upon the applica- tion as in the opinion of the Commission will serve to provide the necessary information to enable the Commision to act. (E) Upon the granting of the special permit, conditions may be attached, including but not limit to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of the use; 4. Assuring that development is maintained properly; 5. Designating the location and nature of development, including signs; 6. Requiring the provision for on-site or off-site public facilities or services; 7. Requiring more restrictive standards than those generally required in an ordinance; 8. Specifying the period of time for which a permit is issued and conditions which, if not followed, will bring about revocation of the special permit. ~~ti, ~, ~ A 787 ' g-^-., 6-x_5 E) Prio• grantin• special permit, studies may be reGud of th• ocial, economic, fiscal and environmental effects or the proposed use. A special permit shall not be considered as establishing a binding precedent and shall not be transferable from one parcel of lard to another. (F) Whenever the Commission grants or desires a special permit, it shall specify: 1. The ordinance and standards used in evaluating the application; 2. The reasons for approval or denial; and 3. The actions, if any, that the applicant could take to obtain a permit. (G) The applicant or any owner of property within a three hundred foot (300'1 radius of the exterior boundaries of the subject property may appeal the decision of the Commission provided written notice of such an appeal is filed with the City Clerk within five (5) days after the decision of the Commission. (Hl In reviewing an appeal pertaining to the special permit, the Council shall hold a public hearing using the public hearing notice and procedures prescribed for the Commission and may approve, disapprove or modify the action of the Commission. ~X~,~~~ f -, MERIDIAN CHILD CARE FACTS Demographics According to the U.S. Census Bureau, 1980: ~~ c~ Mbunta:!~- ~:ztes 4ealth (:ort:.. P. 0. BCr 0756 (1303 For! St. 8orss. Idaho 83707 (208) 343KID5 * 47e of the women in Meridian with children under the age of 6 are in the work force. * 65% of the women in Idaho with school age children are in the work force. * 720 of Meridian residents work outside the immediate area. * Median family income in Meridian is $16,472, as compared to Boise residents' median income of 420,884. Child Care Demand According to U.S. Census data and Child Care Connections calculations, the following number of children living in Meridian need child care while their mothers work: 282 Children, ages 0-4 346 Children, ages 5-9 628 Total Children needing child care According to Child Care Connections' 1988 data: * 57% of Meridian parents needed care near home. * 31o needed care near the child's school. * 88A of Meridian parents calling CCC needed care close to home or school. (For all of Ada County only 63o needed care near home or school.) rah, ~)~ ~ w~caresFask-Ehildreir -_ ~ ~.;= :=: _ W Ctere lMetherslM'ecfs ~_ ~' _ „_ . , anmarychiitfeare•anangementsiise¢py wertcingmomerxfaa. `.~ ~-: ' thercntkfrertundec5yeassold•_Fgucesfrrnrnwintec. t48`-BS.'` '-'hevebeertcouaded= - ~. - ~- .. ~_ Kinds-9artee.9tadesehoob V.Z'~6. - - - _' _ ..... _. :,. _, _. Hy father t~.7 «::-"-... a_. ..-. ~- '„ Care in - - -- --:.s '~~ -~-"~~ chil8ahome ~ ~ ~~-'- @gsofiei. 31.0% . ~ 8y~4ranoparent 5'.7R'vy~ faodi>Jea.~ -,. ~~~~ ..Hjrotnecrer8tive•~T`4 ~ K-#, - ?_~, Y Hy nonrelanve 5.9°':.~ 4.e '._' Type of care preferred: nu Ne. Ywk nn,v.l~u,f5, Iso Meridian Ada County Family Day Care and Group Day Care Homes 49% 45% Centers 40% 27% Total Requesting out of home care 89% 72% ~~ Mountain States HeaKh ~+:• P. O.~N ~~ 85707 ~ (~~ ~'1~ Income levels of Meridian residents limit type of care they can afford: Meridian Ada County Under 310,000 20% 22% 10,000 to 20,000 29% 25% 20,000 to 30,000 37% 18% over 3 30,000 6% 18% Parents need both full and part-time care in Meridian: Full-time 40% Part-time 32% Child Care Supply According to the May 1988 Department of Health and Welfare licensing list, there are: * 152 Licensed child care slots in Meridian. * 17 Family day care and group child care homes (15 are licensed for 4 or fewer children.) j~ * 2 Child Care Centers ~X ~ i ~~ ~ /-J Wages of Child Care Providers 3[ediaa Aaaoal Ea~a of Tttl~TSme WorScers s2l.oo0 319,000 317. sls,o66 S 19.558 sls.sas- i sla.2as 312,680 sll.ooo 39.000 S7,412 ~~ s7.ooo 38.740 56.000 53.428 ~~ I 1979 Child cue vrorl[er. private hoasehoid Child care wrorker. edacatlo~l and aocia! servled slaslo 310.178`-~ ~~r S9204 S6218 S3.588 54.420 1983 1984 Teaehez, prekindeegutea and kindergarten Povezt~levei __.-_____ All oecapationa Sourer. Current Populahon Surveys, uapubnshed data. Bureau of Labor 9taLUnrs. • '~ ~^Cr 7ApuMain States `•-ear:' ~. ~. 0. Sox 67561:3t~. -_.. Basa.'nanc 3:i_ (20B? 343-M1C5 Cotnparatlve Average Hourf~ EatalOgs p980)Z Family Day Cate Provider' SZ20 Crnrer Child Cave Provida~ 53.x? Animal Caretaker Sa 20 Bartcndcr S4.Z9 Pazking Lot Atteadaat 343 Nursery School Teacher" $4.37 Amuxmeat Pads Atreadaac $S?7 All Occupatiam $7.13 •U.S. Ceasus lido include jobs aot regularly associated with this job title. Io 1980, the turnover rate of child care providers in centers was 41.7%; for family day care providers, the rate was even higher. Low pay, lack of bcnehLS, and stressful working conditions are the major reasons child rate providers leave their jobs in such high numbers. The rate for other occupations averages around 2090. '' ~' A~ciated ~~~~G~~---- ~":~';, Business -/'~~ ~ ~ 1 ~ / y' / r '--_-- ~ Forms D1 so(se j~~_[ _(_T.~y /~ ~ O._/~H~ I / /~1~~/~®~CG _ ~~'~~Y.. BO SE, IDAHO 83708 ~ :\ ~ `•, (209) 322-6729 - Tf~/5 GE7TE /S /N~r~'~$ Tn ~~cM/= ~CA~~'~,-. /Y~s~~i-11- Li~i3TG/f~ ~ / /ul ~ /Yfi6iat3~~u/f/o _L~~~ B_ t~~J!~~K~_ DAY ~/~e~ ~~~ dry .50,/~ /s ~veN ~ak'~ t/.~Pi~'Y~A ~/crs-rE ~~=~/h~~_J~!AN.1L/ ri/ -~.r/5'Zi7y7o~~__~~~~_ _Tf//Il ~~ /-~ LA~~~ FQC/Lily LAC/C5 7//E ~/VG'li//,G~U.~L_f,?_jy,Eit///ol/ l oo~ A5 ~N,E a~t/~ _5 oi~/ A ~f~,~~~ ~ ,Doi/7 I~~ .---- 'N~Y' u%u~~ ~TNE LA~.~' ~NSrr~vr~o~~oy~1~ B~ 1N Bl!S/,HESS L ~_ t,.~_ ~~~ {t~~~~, ~~.~,~ ~ ~'C2 «C~~~~ , 1 ~v ~~~ e_ Gltic~C~'~w .~~~/L~ G~'`ed ~~~ ~/ r ,guy ..~~t.~1--~~-~~-~C- ~~~~p-~~t ~-~~~~ .~1~~ ~~' C'~c,L~~'2.C l~~ l~I'~~ ~L~2-~ .~'Z•!r~-i~~ -~i/h(~ ~~~-~ _ ~~e ~ e ~ C~-c~f'~[ .2c~~i:, GEC ~L ,~~' Cn fz ~~ ~~ s~.~ __- ~~ ~~~ fl1o~. /, .~ ~ , .weed ~~... ~~ ~l~f-e-- /JZG~ ~~(Z~sxa,L ~~~/z~e~ ~~~ ~~ i~B~ ~ Lin~~~az ~c~- ~~rn~=~ ~ ~~~~n~~ ~ w~~ ~~~ G~ ~~~~ sus ,E- ~°~ ~i~~~ ~~ ~8~-,30~9 JUNE 13, 1988 TO 'WHOM IT MAY CONCERN: MY NAME IS DANIELLE OR P, AND I TAKE MY SON CHAD TO AN INHOME DAYCARE HERE IN MERIDIAN, I FEEL THAT INHOME DAY CARE IS THE ONLY CHOICE FOR MY SON. I AM .~. SINGLE PARENT AND I BELIEVE THAT MY SON NEEDS THE IN HOME ATMOS- PHERE, MY BABYSITTER IS LIKE A SECOND MOTHER TO MY SON AND THAT IS VERY IMPORTANT TO ME, WITH THE NEW REQUIRE- MENTS Th1AT MY BABYSITTER WITH HAVE TO FULFILL, SHE WILL EITHER HAVE TO RAISE HER RATES OR CLOSE DOWN, NOT ONLY COULD I NOT FIND ANOTHER BABYSITTER AS GOOD, BUT I COULD NOT AFFORD TO PAY FOR MY CHILD TO GO TO AN INSTITUTIONALIZED DAYCARE, WITH BEING A SINGLE PARENT I AM DOING ALL I CAN TO SUPPORT MYSELF AND MY SON ON WHAT I MAKE AND NOT GO ON WELFARE. IT IS VERY IMPORTANT FOR ME TO BE ABLE TO SUPPORT MYSELF AND IF DAYCARE RATES ARE RAISED I WOULD NOT BE ABLE TO L+UPPORT MYSELF A!VD MY SON, SINCERELY, DANIELLE ORR CONCERNED PARENT • ~ ~ ~ ~~y1~ ~~ C~ C o-~rn.c,~.Q ~~ t ~ ~- c~r.~ ~-,,~.-cam 'a . C 3 °r6~ o-Le Q ~~~~ 3. a a.~;.jc ~~c a ~~ a -~ a ~~ lv 3.~ c~c~r~ J ~/t , q~l ~~~-dC.~-c~~'1 ~g~197a9 lc~h~YY~ ~ C~~C~F f1S- ~ ~~ A hl~c~- ~.e,( ~L /~ f1P1~~ Qty C~ ~ ~C1(61i 1~` u2.~ ~ ~be, Acs-~~( ~.v~ e~- S~,r~ -~~~ ~ tr1~ QnC3~-~ U"bs 6 ~-~ .fie - cam., ~~.~ ~, lie w ~~ ~ ~O~R~ A-1 ti .Q,.~, ~--6~j ~~~ C~S~~.OJ~.Q g t~ ~e,~ ~~~ Ic~~! 1~41~- `~ylr. ig.~i C~ v~ ~lsZ. Ate 4q,~.y~~. `c.0 ~ •e- -, • • June 14, 1988 Meridian City Council City Hall Meridian, ID 83642 Re: Home Day Care TO WHOM IT MAY CONCERN: I am writing this letter as a proponent of the home day care providers in Meridian. Below I have listed several of my reasons why I ask you to evaluate this circumstance very carefully. 1. My husband and I both work outside the home and it is vital to our childrens' well-being to be able to go to someone's home and feel secure there. I have used both a day care facility and a day care home. It is the opinion of both my husband and I that our children benefit from a home environment as opposed to a center environment. 2. I have a baby who is one year old and very few centers will take children who are still in diapers. If they do accept babies there are two problems: (1) they don't change the diapers very often and your child will endlessly be miserable because of an infection, etc.; and, (2) they charge too much for the services provided. When a family is making just enough to "get by," it is important to make sure you are getting good services for your money. 3. My son attends Meridian Elementary and my son, my husband and I don't feel he is mature enough to go home and stay by himself until 5:30 p.m. He really enjoys going to our neighbor's house because his little sister is there and he feels a sense of security. I feel that this can only be accomplished by a home day care setting. 4. If the home day care providers are forced out of providing such vital services to our children [which most of them will due to the cost], exactly where does that leave the special needs and security of our children? You must remember that the future is based on our children and we must provide for them today. ~~ • 5. if the home day care providers are forced to close their doors to our children most of the parents in the Meridian area will be forced into a situation where they might have to quit their jobs because they cannot find comparable day care. If this occurs, just think of how much money will be lost by the City of Meridian. If people don't have the money to spend, they will not spend it. Thus, the City of Meridian ultimately will lose. tVhen our family moved to the Boise area we chose not to live in Boise but to live in Meridian because we felt like it was a close-knit community where people cared about each other. we also felt that our children would have a better chance of becoming admirable adults because of the strong community support. I certainly hope that you will listen to and care for the people of Meridian who are asking for so little from you to help them maintain the level of child care they are so fortunate to have. Thank you for your consideration to the above. Steve and Julie Hall 673 Fulmer Court Meridian, ID 83642 888-9763 ~; i ~2eC%~'r~'~. Cc, ~ rn a~G .~c~n~c~ ~6~2 rc. U u~rC,~~c.~1 6~~v~ ~J/'t-~-lZ'~ '~Rlc-t ~.D ,oaf ~usU~'/yoz~ ~-~ a ..~ ,~ahz~-cwt ~ i~cz~z~z~r) ~~ ~fe~,~cde ~ .~rYU.t,~ Gin d ~ ~'~~ c_~~~ G~ GtJ~~c~~,~ ~ G~-c, :~~ ~~`~~ x~; ~~ ~ ~~ . Sao -D r~-~,_ ,~~Le~ l G~~/ ~. ~_/ ~ 2~.G~ ~/ GCLe,~O `~i~ ~/~ ~~~n.~ ~~~ ~ ~~~ u~ ~~ v ~ ~~-~2~-1~' ~ f~ ,lam . ~~-~ G~irl~~~ ~ ~ .~ ~~,~~~ Cam ~`~~~ _ ,..~ R~~ f _ n u ,~ti~~-~ X_C~L ~~8-~~°~ "- ,' ~ • .~ .lam ~ ' s~ ~-~-~ ~ ~ ~.~- ~ ~ y.~.~.,~., ~ ems. ~o~+u-~:- G- s~-o-a( ,~rrL,c.~~L~~~i+/ ~~~ ~~X~- C~O.G~-~tJ ~.~.:,~ ~,t.o-.K.~ `~,~,~ ~.t.~,e~;~-~,,, ~ ~ ,o woe. ~,.~-.~.-„~ .tom-- .~,.~.~, ~o : ~~. ~- ~.e~o~'~``''`~-~- ~ e ~G /3'~.a,du.J wx-,~ ..iJ~.~--cam, .C,uct.e_ .mod- ..-~~ ",c~ ~ ~ ~_ .~~- ~u.~ C ~aL~.~-~J~aa-a.~' .tea/ /Q-ee-- .GaJ min G~....~- ~ ~. (-Y.u~/ /K ~(.~~L,.~,_.c.~ LC ~2v..>-~~L.. W e 0..ft.~, e.d-rl,~r{, ~. -~ o~-~-~V .. _ ..:J .-- - /~f to .~~(/ ~ U ~ ~~ ~u~ ~~ DEVELOPMENT SERVICES DEPART?BENT 650 D,^.ain Boise. Itlaco 83702 J unc 8, 1988 Jane Fischer 715 Longford Meridian, Idaho 83642 RE: GROUP DAy CARE EIOME ZONING REQUIREMENTS Dear Ms. Fischer: BUILDING DIVISION Phone. l208) 383-4423 PlANNINCi DIVISION X208) 383-4424 FONIN6 DIVISION- (2081 383-4423 Ada County requires a group day care home application for any child care facility (7-12 children located within a dwelling). The application fee is $75.00 and is approved at staff level. The application requires a radius notice to all property owners within 300 feet of the property. .'his is included in the $75.00 fee. The normal time required to complete this review is 3-4 weeks. Cited below are the requirements of group day care homes as found i.n the Ada County Code, Title 8 (Zoning Ordinance) Section 8-13-12-2(B). "Group Day Care Home Standards: It is the intent of this provision to provide for accessory group day care homes which will not adversely impact surrounding properties due to children's noise, traffic and other activities, and which are located away from and properly screened from adverse impacts to the health, safety and welfare of the children. The following conditions shall apply: 1. Secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing llivision. 2. Acquire an occupancy certificate and/or building permit. 3. Provide one off-street parking space per employee. 4. Provide for child pick-up area located off of arterial or collector streets. 5. Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. 6. Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial. or collector streets. violation of any of the above condiLioris shall be cause to revoke a zoning certificate for a group day care home." If you have any questions regarding the above information, please feel free to call me at 363-4424. Sincerely, ti~~~~~ ~~ David Abo, Director Ada County Development Services DA/dd F ~~ ~ LAND USE APPLICATION NOTEI AN wPPLI CAT ION YI LL NOT B AC EP CD BY TMC OCVELOPMCNT SERVICES OCPARTMCNT UNTIL IT Ii SYBYITTEO IN COIPlCT6 FORM AND RCVI CiCD BY A STAPP PLANNER. A NCARINO DATC WILL NOT BC SCNCDULED NOR PCSi ACCCPTED YNTIU iUCN PROCESS OCCURS, THIS IS MY APPLICATION FOR: ^ COi.PR£MENSI VE PLAN AMENDMENT ^ CONDITIONAL USE FOR ^ HOME OCCUPATION/GROUP DAY CARE HO/.IE ^ ONE ACRE SPLIT ^ PLAN/~D DEVELOPTENT COM.IERCIAL ^ PENNED DEVELOPMENT IPOUSTRIAL ^ PLANNED DEVELOPMENT RESIDENTIAL ^ PRIVATE ROAD ^ REZONE FROM TO ZONE ^ SIGN ^ SUBDIVISION PLAT ^ TRAFFIC & DEVELOPMENT PLAN ^ VARIANCE FOR ^ SPECIAL EXCEPTION FILE NO. PLA NCR • 61 GNATURC -~ DATE ACCEPTED HEAIi1NG DATE CURRENT X-REF NO. ~L~~~ FEE i ~~ _ ^ POSTED ON HISTORY MAP ^ PLANS STAMPED ^ POSTED ON WORK IN PROGRESS REPOT ^ APPL t GT 1 ON LETTER f~~\ L`~~ ~ ~'~~~~-~~~ ^ 3 0 0 SGLE ZON 1 NG MAP (COMPLETE DESCRIPTION OF PROPOSAII _ (AVAILABLE THROUGH A.P.A. MAPPING( OWNER OR RECORD ADORESS CITY PHONE ADDRESS clTr SITE ~ TAX PARCEL -Ap4RE55---- --- ~~ - -- ~~ -_- ~~ ~ NuMSER ~ TOTAL ACRES Oi ,~,;'./i IN TF4' / SECTION TOWNSHIP RANGE PROPERTY / 1 \ EVIDENCE OF MY PROPRIETARY INTEREST IS: ^ TITLE POLICY SHOWING MY INTEREST ^ OPTION TO PURCHASE * *NEOUI RES SI ONATURC ^ LAND SALE CONTRACT SHOWING MY INTEREST ~ LE=== cfOLO 't OP oYNCR OP RECORD ^ RECORDED WARRANTY DEED SHOWING L/1f INTEREST ^ EARNEST A/ONECY' AGR£EMEN7* oN APPLICATION. CONSENT: (LETTER OF CCNSENi BY OWNER IMY BE SUBAIf TTED IN LIEU OF SIGI~D APPLI GTION( 1, CONSENT TO THE SUBMISSION OF THE APPLIGTI ON ACCOMPANYING 'IRIS STATEMENT. SIGNED OWNER O~R~`CORO CERTIFICATIONI 1 HEREBY CERTIFY THAT THE ABOVE INFORMATION IS CORRECT TO T!E SST OF --- M1f IOdOWLEDGE. S 1 GN E D DATE T l>S/ZD 10/25/86 • 8-13-12-1 8~-13-12-2 A. T~accessory determination shall be based upon the relationship of the building, structure or use to the principal permitted use. Specifically, it must be habitually - or commonly established as reasonably incidental to the principal permitted use and located and conducted on the same premises as the principal permitted use. In determining whether it is accessory, the following factors shall be used: 1. The size of the lot in question; 2. The nature of the principal permitted use; -'" 3. The use made of adjacent lots; 4. The actual incidence of similar use in the area; and 5. The potential for adverse impact on adjacent property. B. The Director shall apply tP~e following additional revietiv procedures and the ap- plicable accessory use standards of this Chapter to the following: 1. Group day care homes; 2. Home occupations; 3. Temporary living quarters. Notices shall be mailed to property owners and residents within three hundred feet (300') of the external lot line of the property under consideration, and fif- teen 115j days shall be allowed for response to said notice. The applicant shall _ pay a fee in accordance with the fee schedule established in Section 8-16-6J to offset the expense of this notification process. (Ord. 165, 2-25-87) - 8-13-12-2: ACCESSORY USE STANDARDS: ~~ A. Accessory Buildings Standards: 1. An accessory building may be erected detached from the principal building, or it may be connected thereto by a breezeway or similar structure. No ac- cessory building shall be erected in any required court, or in any required yard other than a rear yard, except that where rile natural grade of a lot at the front line of the principal building is such as to result in a driveway having a grade of ten percent 110%) or greater, a private garage may be erected within the front yard, but not within fifteen feet 115'1 of any street line. 2. If not in a rear yard, an accessory building shall be connected with the prin- cipal building to which it is accessory, and shall be so placed as to meet all yard and court requirements for a principal building including height and other dimensions. 3. If located in a rear yard, both detached and connected accessory buildings shall be subject to the requirements set forth in the following paragraphs: see 8-13-1~ 8~-12-2 A31 a. The height shall not exceed one story. b. No detached accessory building shall occupy any portion of the front yard setback for a lot with a nonresidential zone, if such lot has a common lot line to another lot zoned residential. c. Underground fallout shelters may be Idcated within five feet 15') of any property line and shall be exempt from maximum lot coverage requirements. d. No part of an accessory building on a corner lot located within twen- ty five feet (25'1 of an adjacent residentially zoned lot (either directly or across an alley) shall be nearer to such adjacent lot than the least depth of the ex- isting front yard or required street side yard for a building on such adjacent lot, nor shall such accessory building project into the side or front yard for the principal building to which it is accessory. e. Coverage of rear yard by accessory buildings shall not exceed twen- ty five percent 125%) B. Group Day Care Home Standards: It is the intent of this provision to provide for accessory group day care homes which will not adversely impact surround- ing properties due to children's noise, traffic and other activities, and which are located away from and properly screened from adverse impacts to the health, safety and welfare of the children. The following conditions shall apply: 1. Secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. 2. Acquire an occupancy certificate and/or building permit. ~ i V~~~O~'t hy~`~~~1~f' 3. Provide one off-street parking space per employee. " 4. Provide for child pick-up area located off of arterial or collector streets. L~~~ 5. Provide for screening of adjacent properties to protect children from adverse ~„ y'~-~ impacts and to provide a buffer between properties. ~Cy 6. Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on artaria! or collector streets. Violation of any of the above conditions shall be cause to revoke a zoning cer- tificate for a group day care home. C. Home Occupation Standards: It is the intent of this provision to permit home occupations in residential dwellings which do not change the appearance of the residence nor the condition of its residential character. The following con- ditions shall apply: 1. In no way shall the appearance of the residence be altered nor the occupa- tion be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. ae~ 650 Main Street Boise. Idaho 83702 DEVELOPMENT SERVICES TERI L. BRANDT Planner 11 Building 383-4423 Planning & Zoning 383-4424 EXHIBIT A RESOLUTION N0. 469-4-88 Adopted Februar~l8. 1988 SCHEDULE OF FEES FOR APPLICATIONS Accessory Uses Review Fee Group Day care Homes $ 75.00 Home Occupations $ 75.00 Temporary Living Quarters $ 75.00 Appeals To Planning & Zoning Commission To Board of County Commissioners Comprehensive Plan Change Policy Changes Base Fee Conditional Uses Storage Building over 900 sq. ft $100.00 $100.00 $250.00 $200.00 plus $25.00/acre and fraction thereof $100.00 Residential Base Fee $200.00 Additional per dwelli ng unit $ 10.00 (no limit) Non-residential struc ture 1-5000 sq. ft. - Base Fee $200.00 plus .OS per sq. ft. of floor area 5001-10000 sq. ft. - Base Fee $950.00 plus .04 per sq. ft. of floor area over 5,000 sq. ft. Over 10000 sq. ft. - Base Fee $650.00 plus .03 per sq. ft. of floor area over 10,000 sq. ft. Gravel Pit Other Conditional Uses $ 35.00/acre $100.00 Drainage Review $112.00 Lot Line Adjustment $ 75.00 One Acre Split $ 75.00 Planned Unit Development Review Residential base fee $200.00 Additional per dwelling unit $ 10.00 (no limit) Non-residential structure 1-5000 sq. ft. - Base Fee $200.00 plus .OS per sq. ft. of floor area 5001-10000 sq. ft. - Base Fee $450.00 plus .04 per sq. ft. of floor area over 5,000 sq. ft. Over 10000 sq. ft. - Base Fee $650.00 plus .03 per sq. ft. of floor area over 10,000 sq. ft. Private Street Review Fee $100.00 Rezone Review Fee 5 acres of less 5.1 acres to 10 acres 10.1 to 20 acres 20.1 acres to 40 acres 40.1 acres or larger $200.00 $400.00 $500.00 $750.00 $1,000.00 Sign Review per sign Subdivision Review Fee Special Exceptions $ 75.00 $100.00 plus $15.00/lot $100.00 Time Extensions All Types 1st year extension (all types) $ 50.00 2nd year extension (all types) $ 75.00 3rd year extension (all types) $100.00 4th year extension (all types) $125.00 5th year no additional extensions must refile. Subdivisions and Planned Developments additional fee of $10.00/lot `~ Traffic and Development Plans Base Fee $200.00 Commercial/sq. ft. of floor area 0.035 Industrial/sq. ft. of floor area 0.020 Office/sq. ft. of floor area 0.035 Warehouse/sq. ft. of floor area 0.020 Vacation of plat or portion $ 50.00 Variance Verification of Subdivision Plat (Idaho Code 50-1305) Zoning Certificate (fee not included in other application fees) Zoning Certificate Application (property status report) Zoning Ordinance_Amendment Refunds X100.00 $ 17.00 per lot j 20.00 b 25.00 X500.00 Applications are eligible for full refund of application fee if withdrawn within seven (7) days of submittal. No refunds will be allowed past the seven (7) day period after submittal. Fee Waiver The Board `of Ada County Commissioners may waive or reduce the fees listed herein for planning and zoning applications submitted to the Development Services Department. ~~ +~ a tsf Wash. Idaho DAY CARE REGULATIONS Day Nursery. Any institution, establishment or place in which are commonly received at one time more than twelve (12) children not of common parentage, under the age of six (6) years, for a period or periods not exceeding twelve (12) hours, for the purpose of being given board, care or training apart from their parents or guardians for compensation or reward. Day Nurseries are allowed under the Nampa zoning ordinance as follows: Zoning District Permitted Use Conditional Use Not Allowed AG (Agricultural) X RA (Suburban Residential) X RS (Single Family Residential) X RSM (Single Family Residential Mobile Home) X RD (Two Family Dwelling) X RML (Limited Multiple Family Residential) X RMH (Multiple Family Residential} X RP (Residential Professional) X BN (Neighborhood Business) X BC (Community Business) X BF (Freeway Business) X CB (Central Business) X IP (Industrial Park) X IL (Light Industrial) X IH (Heavy Industrial) X Day Care Home Occupation. An accessory use of a dwelling unit for gainful employment of a member of the family residing on the premises, which involves the manufacture, provision, or sale of goods and/or services, subject to the standards prescribed in Section 11-1&7(A). Day care home occupations shall be restricted to not more than twelve (12) children (family members under the age of six [6] shall be included), except home occupations in RS Districts (Single Family Residential) providing care for more than seven (7) shall only be allowed by conditional use permit. Day Care Home Occupations are restricted to not more than twelve (12) children (family members under the age of six [6] shall be included) and are a permitted use in the following zoning districts subject to the below stated home occupation ordinance standards: AG (Agricultural) RA (Suburban Residential) RS (Single Family Residential) care for more than seven (7) requires a conditional use permit RD (Two Family Dwelling ) RML (Limited Multiple Family Residential) RMH (Multiple Family Residential) RP (Residential Professional) APPLICATION FOR C<3ND1TiC~NA! USE PERMIT City of Nampa, Idaho This application must be filled out in detail and submitted to ihe. office of the Planning Director for the City of Nampa, Idaho, accompanied by a nrnuafirridable fee of $1~4.00, `° 7. Nome of applicant: _ 2. Address of applicant: 3. Telephone number of applicant: work; home. 4. Address of subject property: 5. legal description of property: 6. Is the applicant the owner of the subject propert';? If not, please state the name and address of the owner, toyether with the relationship of applicant to the owner: 7. State specific proposed use: 8. Length of time requested for the conditional use permit: years. 9. The conditional use is expected to begin within days or months after granting of permit. Conditional use permits expire if not used within 6 months after granting. 10. Is this application accompanied by site plans, drawings and elevations, preliminary or final building plans, together with any other information considered pertinent To the determination of this matter? Dated this day of 19 Signature of applicant NOTICE TO APPLICANT This application will be referred to the Nampa Planning Commission for its consideration. The Planning Commission shall hold a public hearing on the application and it shall be granted or denied. Notice of public hearing must be published in three separate daily editions of the Idaho Free Press 15 days prior to said hearing. Hearing notices will also be mailed to resident/owners within 300 feet of the subject property. You will be given notice of the public hearing and should be present to answer any questions. If a conditional use permit is granted by the Planning Commission it shall not become effective until after an elapsed period of 15 days from the date of Planning Commission action. During this time any interested person may appeal the action to the City Council. If the conditional use permit is denied by the Planning Commission, you may appeal the decision To the City Council within 15 days from the date such action is taken by the Planning Commission. At the time the conditional use permit becomes effective you will be sent a document which constitutes an official "Conditional Use Permit". This document will enumerate the conditions attached to the issuance of the permit and state the consequences of failure to comply. i • ]1-]8-7: Home Occupations: The Home Occupation provision is included in recognition of the needs of many people who are engaged in small scale business ventures which could not be sustained if it were necessary to lease commercial quarters for them and to only allow for home occupations which are compatible with the neighborhoods in which they are located. It is the intent of this Ordinance that occupations full scale commercial or professional operations, which would change the appearance or condition of a residence, be detrimental to neighborhood character, and would ordinarily be conducted in a commercial or industrial district, continue to be conducted in such district and not at home. (A) Home Occupation Standards. Home Occupation shall mean any occupation or profession carried on by a member of the family residing on the premises (in or from the dwelling unit or structures accessory thereto), provided the following conditions are satisfied; 1. Signs. No sign is used other than a name plate not over two (2) two square feet feet in area, nonilluminated; 2. Space. The amount of floor area used solely for the home occupation (either in the dwelling or in an accessory building) shall not exceed twenty-five (25) per cent of the gross Floor area of the dwelling unit involved. 3. Storage and Display. There is no outdoor display of goods or outside storage of equipment or materials used in the home occupation that would indicate from the exterior that the building is being used in whole or in part for any purpose other than residential use; 4. Commercial Vehicles. Not more than one commercial vehicle not to exceed one ton shall be owned and utilized by the operator. 5. Employment. There are no outside paid employees (except in short-term instances when the resident operator must be temporarily be away from the home). 6. Traffic. Vehicular or pedestrian traffic shall not be generated in volumes beyond that normal to the zoning district in which the home occupation is located. If additional parking is needed it shall be met off-street and not in the required front yard. 7. Residential Appearance. The building retains the appearance of residential use in terms of operating characteristics and does not destroy the residential character of the neighborhood. 8. Nuisances. No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. Home occupations involving storage of flammable or combustible materials shall mnform with the Uniform Fire Code for residential occupancy; 9. Yard Sales. Infrequent yard sales (includes garage sales, moving sales, block sales, patio sales, Flea markets, etc.) of short duration may occur in residential areas without compliance with standard number 3, provided the sales are conducted not more than three days at a time and no more frequently than once per calendar quarter. All other home occupation standards shall be complied with. (B) Statement of Compliance. The person(s) desiring to operate the home occupation shall sign a statement that they are aware of all standards and conditions under which the occupation is allowed and that if any of the standards are violated, they shall be guilty of a misdemeanor. (C) Complaint Procedures. Complaints on conditions "1" through "54" above, will be handled routinely by the Building Inspector Planning Director. Complaints on conditions "65" and "79" will be dealt with as follows: The Planning Commission shall review home occupations upon receipt of three (3) written complaints from three (3) separate households located within two hundred feet (200') of the boundary of the affected property. Said complaints shall set forth the nature of the objection. Such complaints shall be investigated by the Building Inspector Planning Director and results of the investigation shall be reported to the Planning Commission at a public hearing. The public hearing procedure shall be the same as outlined in Section 11-19-10(F)1. Standards for Judging objections shalt include: 1. Generation of excessive traffic. 2. Monopoly of on-street parking spaces. 3. Frequent deliveries and pick-ups by motor freight trucks. 4. Noise in excess of that created by normal residential use (either in terms of volume or hours of operation. 5. Smoke, fumes or odors in excess of those created by normal residential use; and 6. Other offensive activities not in harmony with a residential neighborhood. (D) Action by the Planning Commission. The Planning Commission, upon hearing the evidence may: 1. Approve the use as it exists. 2. Require the use to be terminated. 3. Impose appropriate restrictions, such as limiting hours of operation, establishing aphase-out period, or other measures insuring compatibility with the neighborhood. The determination of the Commission becomes final fifteen (IS) days after the date of decision unless appealed to the City Council in accordance with Section 11-18-7(D). (E) Appeals. During the period of fifteen (IS) days refersed to in Section il-1S-7(C), written appeals from the action of the Commission may be taken ro the City Council by the applicant or other interested party in accordance with the provisions of Section 11-19-10. The Home Occupation shall not become effective until the termination of any appeal pending against it. HOME OCCUPATION STATEMENT OF COMPLIANCE Operator: Address: Type of Occupation: Telephone #: work --home NOTICE: The intent of home occupation provisions is to only allow for home occupations which are compatible with the neighborhoods in which they are located. Full scale commercial or professional operations, which would change the appearance or condition of a residence, be detrimental to neighborhood character or ordinarily be conducted in a commercial or industrial district should not be conducted at home. Day care home occupations in RS (Sin Ie Family Residential) districts are limited to not more than 7 children unless a conditional use permit is app~ied far and approaed by the Planning Commission. The fallowing home occupations cannot 6e established without having first obtained approval far the issuance of a conditional use permit from the Planning Commission: repair garages including truck, auto, motorcycle, boat, etc.; major appliance repair; paixt shops; welding; woodworking and cabinet strops; and any other use determined to 6e similar by ike Planning Director. Home Occupation Standards: 1. Siens. No sign is used other than a name plate not over two (2) one square feet in area, nonilluminated. 2 Space. The amount of floor area used solely for the home occupation (either in the dwelling or in an accessory building) shall not exceed twenty-five (ti) per cent of the gross Floor area of the dwelling unit involved. 3. Storaee and Display There is no outdoor display of goods or outside storage of equipment or materials used in the home occupation that would indicate from the exterior that the building is being used in whole or in part for any purpose other than residential use. 4. Commercial Vehicles. Not more than one (1) commercial vehicle not to exceed 3/4 ton shall be owned and utilized by the operator. 5. Ems ment. There are no outside paid employees (except in short-term instances when the resident operator must be temporarily be away from the home). 6. Traffic. Vehiculaz or pedestrian traffic shall not be generated in volumes beyond that normal to the zoning district in which the home occupation is located. If additional parking is needed it shall be met off-street and not in the required front yard. 7. Residential Appearance The building retains the appearance of residential use in terms of operating characteristics and does not destroy the residential character of the neighborhood. 8. Nuisances. No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. Home occupations involving storage of Flammable or combustible materials shall conform with the Uniform Fire Code for residential occupancy. 9. Yard Sales. Infrequent yard sales (includes garage sates, moving sales, block sales, patio sales, flea markets, etc.) of short duration may occur in residential areas without compliance with standard number 3, provided the sales are conducted not more than three days at a time and no more frequently than once per calendar quarter. The seller shall not be in the business of selling the same or similar property as that which is offered for sale at the yard sale. All other home occupation standards shall be complied with. CERTIFICATION: I am aware of the above standards and conditions under which my home occupation is allowed and that if any of the standards are violated I am guilty of a misdemeanor. Dated this day of 198 Signature of Operator: ~~~ ~~ _(.~_, ~~~~ _ _ ~~ ~:~~rS~-sal ~ 5~~--a~`~:~,-. W~~ ~~~ 'I C7fo CU o - ~ 7 .~ t7 ~ ~ /~ I l r-'f.S /._ row. ~1j/az~~ ~~ 3ko • ~ ~~ /(3~ ~~~~ June 14, 1988 'lO: WALT MORROW liiOM: GARY SMI1g, CITY ffiJGINF.ER~' RE: SEwE'R AMID UATII2 ASSE.SSMFNPS In acoocdance with existing City Ordinances, each commercial, industrial and residential structure in Meridian, that can be connected to City sever and or rioter, is charged an assessment for the plant facilities of each system. 'lT~ese assessments are made prior to the structures physical oonnectian to each system. itie assessments are generally ba.9ed on anticipated or 1¢yorm eater use for the particular type of commercial, industrial or residential uee. Also, to assist in determining the assessment the City Ordinances address a variety of oo®ercial and industrial users and equates each of these types to a oomgarable ~aaober of •Bquivalent Residential Oeers' (ffi~1'a). 'rhe ordinance defir-~ an equivalent user as 'The service to a typical residential base on an individual lot that is occupied by an average single family duelling .......• it-e City 6rgineer further defines an equivalent user as a single family residence containing eater using devices that have a combined rating of no.sore than 21 firture ~r~ita as defined by the latest edition of the ix-iform Plumbing Oode (UPC). Canoernirg the use of a single family residence for a combined duelling and business purpose the City Council has established a policy that sr.;.-° a duelling business home at a minimso of tw (2) HtU's. ~e pcamary reasoning for this anancmnont is that if the business Ya9 located in a commercial building in lieu of the home, it mould be charged a minimum of one (1) IIa7, which when added to the home equals the minimum of tw (2) discussed above. Alas, considered, when determining the rnmber of ffii[)'a for a particular user fa that during each of the winter months a typical single family duelling uses approzimtely 6500 gallons. of Asaes~^t Calculation for llo. of FRiI'a: 1. Ordinance requirement (if tabulated) 2. firture units -Tr 21 3. l~notim oonthly aster use z 6500 4. Pblicy of tw (2) siniaai assessments for a busineas/homie. All of the above are considered in arriving at an assessment for a potential sever and a rioter user. June 14, 1988 Mr. Walt Morrow, Chairman Members, Planning & Zoning Commission Dear Sirs: I am not against zoning. I agree with the stated purposes of the Meridian zoning ordinances--zoning should protect neighborhood property values and provide for orderly growth within the city. Any special use of a piece of property should require notification of neighbors and provide neighbors an opportunity for meaningful comment on the effect such a use would have on them. This is done throughout the Treasure Valley. I appreciate the work of the special committee of the Meridian City Council, which spent a lot of time and effort developing proposed amendments to the Meridian Zoning Ordinance. While the committee is proposing some improvements, they are not enough to meet the needs of day care homes and parents. The zoning application could be cheaper and simpler and still protect neighbors. MERIDIAN IS THE MIST EXPENSIVE TOWN IN THE TREASURE VALLEY IN WHICH TO OPERATE A DAY CARE HOME For family day care homes (caring for 5 or fewer children): Boise requires no zoning permit Ada County requires no zoning permit Caldwell requires no zoning permit for 4 or fewer children Meridian proposes requiring an accessory use permit for $80 + costs plus a lien on your home to pay application costs plus a possible requirement for second water & sewer hook-up ($1,130) For group day care homes (caring for 7 - 12 children): Boise requires an accessory use permit with a flat fee of $45 Ada County requires an accessory use permit with a flat fee of $75 Caldwell requires a conditional use permit with a flat fee of $100 Meridian proposes requiring a conditional use permit for $160 + costs (estimated to total between $400 and $700) plus a lien on your home to pay application costs plus a possible requirement for second water & sewer hook-up ($1,130) Meridian's proposed conditional use permit is 4 - 7 times more expensive than the zoning permits required for day care homes in any other jurisdiction. It is also the most cumbersome. Meridian is the only jurisdiction in which the cost of the application is not known at the time of application a lien is required on your home a second water and sewer hook-up fee is allowed two fully publicized hearings are required. use of certified letters is required, at additional cost a supporting petition must be submitted signed by at least 757. of the property owners within a 300 foot radius of the property. The financial cost and excessive hassle required by the proposed conditional use permit requirement for day care homes effectively prohibits group day care homes from operating in Meridian. The city could propose a permit that would be cheaper and less time consuming and still protect neighbors. iF ~, 7\ syln -~ ~ ~.~1~1 ~, ~ 1C' ~.~.7~~~~' i~c' DE1'FI~iTI~1IEl~~'~' ~~' ~'IFs.F11.T~I fLS~T~ yV~~~~IR~ REGIOY IV OFFICE Da Care Licensin STATEHOUSE y g BOISE. IDAHO 83720 4355 Emerald Street (208) 334-6700 Boise, Idaho 83706 334-6800 May 11, 1988 Dear Provider: You should have received a letter from us in which we enclosed your buff colored temporary transitional license. You received this as a person who was licensed under the State's previous voluntary licensing law. Then you should have received another letter stating you can now begin the process for a regular temporary license which will result in your basic day care license which will be good for two years. The new day care licensing law is not voluntary. It states that if you take care of six or less children you don't need to be licensed, for seven to 12 children you need a certificate, and for 13 or more children you need a basic day care license. This letter is to inform you that your buff colored temporary transitional license will expire August 1, 1988. If you are providing care of seven or more children you must make application before Atag~at 1, 1988s You can come into our office at 4355 Emerald and complete the application or you can request that we mail you the application packet and do it on your own. If you come into the office you must do so in the afternoon only from 1:00 to 4:00 p.m. Our receptionist, Deanna Rich, will be available from 1:U0 to 4:00 p.m. We will no longer have day care licensing meetings on the first and third Wednesday of the month. Sincerely, Mary Lou Pierce Day Care Licensing Supervisor 1009Pw EG~UAL OPPO??T1J°I?TY EMPLO°ER .. • CITY COUNCIL AND PLANNING AMID ZANING CITY OF MERIDIAN ADA CO[JNTY~ IDAHO ORDINANCE 466 • VERBAL TESTIMONY OF SPEAKERS AT PUBLIC HEARING SIGN-UP SHEET EYFRYONL MDST SIGN THIS SHEET IF THEY WISH TO SPF.AK!S SIGNED NAl~ R~Ipg,~~y ADDI2E.SS ~ ~~ vr?c v~ 11 ~~ ~~//J' J ~ 1 ~ ~ / ~ ~ 6 ?~ c~3 - r/ '~ - Ec- ~ ~~. ~_~ ~ i ~ z. SC ~~~C~f,~_ '" y ~ ~ zl u ,~ ~ ~~~ ~ 6 ~ Q/~.5~ ,, ~.C.la-~~ ~ ! _ ,i s- -,c sc-~ ~, ~/- r - ~ ~.. ~? a S . ~'~ -~ ~,J~. a '~ l C.-- t _ ~ VV~~./u'jC~ ZZ'L.~ I C l !~-G':N / .. ~ /~ 1~' -'~1 - I U~ ~~~ '~`/ _ i ~ - / ~ _~ v ~. - Yce~ 1 ~ ~ +~` ~ ~p 1 - J ~ 3~' r~ ~'~ ,• " - ~~I'l.(L~~i~, - ~~ c r ~ ~>~~'~~~/' l(kSGi 1~~ `ter` i~`,. • ~ CITY COUNCIL AMID PLANNING AND 7ANING • CITY OF MERIDIAN ADA COUNTY, IDAHO ORDINANCE 466 VERBAL TESTIMONY OF SPEAKERS AT PUBLIC HEARING SIGN-UP SHEET EVERYONE' lIIS`P SIGN '~S SHEET IF TAY WISH 7V SPEAR! ! SIGN NAlE RBSIDBNTIAL ADOEtSSS 10 SPEAR 3(ESS !D ~~~{ ~ /~ ,3 ~. ~~~V ~.vm.~-c._ ~~OcU.~-.. ~' car GfJ C/... n...y~w v , i fi Lam' i ~, ~ ~7 ~' t. C - ~ f''. / . c b; ~ l i s 1~- - , % ~ l-~ a~ ~ •~~ m ~ ~ cc~,C ~ ran ~'~,~ ~ / PJ~~ ","~. ~ ;1 z~ NG+/ ~y~ f/ ~ ~ ~~~'1~i/ " ~ ~-Ga-~C 2 i~ h//,~% /Y`om' .. ~ n hi`u -~ ~~~ ~ !I , T ~ c ~ CLCG2(~ / f f - ,," ~ ~ a...k.~w ,~ r ~ ~ ~~. ~ ; ; ; ~, . ~a~i~-~ e~~,v~so v~ "'-~ -~'~` aG4 3 ~t{r~ st~i,~ W a^.i / BODE GIT~" PLAIYNIIYG DEPARTMENT CHILD CARE HOME APPLICATION (6-12 Children) FILE // ZONE APPLICANT: ADDRESS NAME OF FACILITY PROPOSED ADDRESS OF FACILITY 1S0 N. Capitol 731vd. . P.O. Box 600 Boise, Idaho 83701 ~208~ 38~-368 FEE: ";~ ;;: PHONE ZIP: 1. Is the facility in your principal residence? Yes No 2. Are you proposing any structural changes xhich rill change the character of the building as a home? Yes No 3• Hox many children do you propose to care for (not counting your oxn)? _ 4• Will you be hiring any employees who do not reside on the premises? Yes No If'yes, hox many? 5. One off-street parking space is required per employee including yourself. Please describe the parking arrangement at the facility. 6. Are there any irrigation ditches/canals on the property or adjacent to it? I'_' yes, where are they located and what measures, such as fences, are you taking to protect children from them? 7. Please provide a vicinity map (8 1/2" x 11") at a scale of 1" = 300'. (Maps available from APA Mapping Division on 2nd floor of Ada County Building.) Clearly indicate your property location on the vicinity map. 8. If your home is located on an arterial or collector street, en on-site pick-up area designed to prevent vehicles from backing onto the roadxay must be provided. (Hacking into an alley is permissible.) Please discuss this xith the analyst at the Planning Department front desk before you apply. 9- If you choose to have signage, you may have one (1) wall sign. It is not to exceed six (6) square feet in area. :.~ -~>- ,. ~~ , 11-1-3.1 CENTER, DAY Sea Nursery. CARE: CENTER, See Clinic. l~DICAL HEALTH: 11-1-3.1 CERTIFICATE, A notation attached to a building permit, occupancy permit cr ZONING: business license, or issued sepaca [ely by [he City to certify that the building, structure use, or ocuvpancy specified thereon is in confocmi ty vi th all the provisions of this Or- dirunce. (Ord. 4161, 1-3-78) a ~~ FAL"lLISY:' Any facility where children regularly receive care, main[e- nance and supervision usually unaccortpanied by [he child's parents, guardian or cust di o an, and regardless of whether [he facility does or does not pcnvide an i y nstruction. This use excludes (1) the care of the opera tcc'e children or le al g yards, (2) children rela [ed by blood or marriage, (3) occa- sional personal goes [s, (4) any home, place oc facility pro- viding Qvernight custodial s i erv ces for lodging andjor board- ing for the oc cupants [herein, and (5) children aged t~.elve (12) years and over (O d 47 . r , 21, q.~~q3) There are four (4) types of child cere facilitie s: A. Ba bysi t[ing Service - A child care facility for five (5) or fever children. ea bysi [[inq services are an acc essory use to rnaiden[ial uses. B. Child Care Home - A child care facility for six (6) to twelve (12) children. (Ord. 4772, 1-23~q) C. In[ermedia to Day Care Center - A child rare facility i prov diry for thirteen (13) [o twenty (20) children. ~. Large Day Care Center - A child cane facility providim f or [wen Cy one (21) or more children. (Ord. 4717, 3-7-83) CZTY: The City of Boise City, Idaho. CITY CLERK: The City Clerk of [he City. CLINIC: A tuilding, ether than a hoepi [al as herein defined, used by [v (2 o ) or more licensed physicians for [he ur receiving and [rea[in P pose of g patients. CLUB, FRATERNAL: The social uve of a building or of any premises try a nonpro- fit ae i soc atim, where such use is rescric[ed '[o enrolled members and [heir guests, COMMERCE: See Business 11-1-3.1 11-1-3.1 s ,~ Any gainful occupation engaged in by an occupant of a dwell- ng unit including handicrafts, dressmaking, millinery, laun- • Bering, preserving, office of a clergymen, teaching of music, dancing and other ins [ruc Lion when limited to attendantt of one pupil at a time and other like occupancies which meet all of the following conditions: A. The use is clearly incidental and secondary [o the use of the dwelling for dwelling pu cpaees. B. The use is conducted entirely within a dwelling and is carried on by the inhabitants thereof, C. No article shall 6e sold or offered for sale on the pre- mises, except such as is produttd bl. the occupants on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such is cvs- [omarily incidental to domestic use. D. The use does not change the character of the dwelling or adversely affect the uses permitted in the residential district. E. The use creates no additional traffic and cequicea no additional parking apace. P. No persona are employed other than cixa9e neceasa for dcaes[ic purposes, ry G. No[ more than me-fourth (1/4) of the gross area of one floor of said dxlling is used for such use. H. The en [zantt to the space devoted to such use is fran within [he building and internal or external al [era Lions or ccns[ruc tim fen CUres not cus [omary in dwellings are Involved. PARCEL: A Lmit of land of coMi wows 4 quantity in [he ownership of ore person and cons ti [u ling a portion of a asps ra [e tract of land. PARK, MOBILE Any area, tract, plot or ai [e of land, of a[ leant five (5) HOME: acres size developed ae a planned unit Bevel and mai~ta fined for dwellin opnent located 9 Purposes rn a permanent or semi- permanent 4as is. Pte' TRAM. Any area, [tact, plot or site of land wherey:pon two (2) or TRAILER: more travel [ca filers are placed, loco [ed and meinta fined for duelling purposes rn a [ertporary taxis. PLAN, CORE- The Crnprehensi ve General Plan for Che City officially adop- HENSIYE GEN- [ed by [he Council as such. ERAL: i I S 11-2-4.2 11-2-4.2: Uses Allowed: A. One dw 6ichc~.3 si ng]c-family rMellinq fxer lot; 11-2 -4. A. Accessory uses wla ti n<7 to :,i nglc family dwelli oq in- cluding guesthouse and labysi ttiml service; C. Child Care Facility: Child earn iiama in ttie opera toe's main residence subject to [h.~ fol iuwi ng pco.'edurr•s and s [ands rds of approval: 1. Procedure: The applicant will sutrnit an applica- tion using forms and paying tees as required. The Planning Administrator will review and make a deter- mination of apiroval or denial -within fifteen (15) days of receipt of application and will sutmi[ his findings, with required cardi [ions, in writing [o the ahplican [. A notice will be sent informing owners and cx'cutan[s cf [he properties located directly act oss [he street, and behind Che applican ['s property and [he two properties on each side of [he applicant's nrgoer[y of. the decision of the Planning Administra [or. The applicant or any aggrieved party may appeal [he Planning Adminis[ra tot's decision to [he Council. The appealing laarty shall file a written notice of appel sta tiny with sfccificity the grounds for the appeal m oc tx fore [he ten [h (10th) calen<13r day after [he deci- sion or determination of the Planning Adrninis[ra tor. The Planning Adminis[ra for shall ascertain that ttw pro- cedural requirements have been me[, notify [he Ci[y Clerk of [he Innding aplra 1, aml focwa rrl all {>E rt inept infocrro[ion to [he Council. An apgreal may no[ tk with- drawn wi thou[ the approval of Council. An appeal of [he Flanni ng Administrator's decision shill stay all proceedings and c.he is::uance of all permits in furtherance of [he action appealed from until such tine as Ure Council has rendered a decision. iJi thin [en (lU) calendar days after receipt of the appeal, the Council shall establish a date for hearing such appeal and shall notify [he appealing party. The Council, in reviewing Uie Planning Admi nis[ra[cr's dec ieicn, nay sustain, deny, amend cr maiify [he deci- sion of the Planning Adminis[ra [or by irtrpos ino additic:n- al or di [fcren[ conditions and ]imi [a ti nnn. (Ofd. 4772, 1-?7-H4) ,;' ~~ . _. _.._... .......,.MNr.e~.. .. tl-z-n.z tt-z-4.z 2. Standards of Approval: a. The child rare use is cloy rly incidental and secrndary Lo the use of [Ix• d.~e llinq Lor duelling purposes. The dwelling musC he [he oi+e ra CU is principal residence. b. .The use does no[ change the s[ruc[u ral cha Tao- ter of the dwelling or adversely at:f ect [he uses pe emitted in [he residential district. ~. The applicant shall provide one legal parking space xr employee. This requi remen[ rtay t;e waived if the applicant can clearly demcvrstra [e [trat [he ertQloyee (s) does net drive to work. ?a rkinq slx~ces may be provided cff [he premises. d. IC the home is loca [ed u+ an arterial or col- leeter street, an orr site pick-up area designed to prevent vehicles from to ckino cn[o [he roadway shall le provided. ([HCkino into an alley is per- missible.) e. The Idaho State Child Care and 9oise City Child :are Licenses shall to ma in tai red and all re- quirements of each shall [+e met. f. ~ Only one (i) single attached sign, not to. exceed six (5) sq. f[. in area, ray be a;lwed. (Ord. 4772, 1-23-94) D. Home occupy [ion; G. Mentally and 'physically handicapped resident homes provieed tha L 1. 1'he number of resident la [loots dces not exeed e icht (8 ); No mere [Fan two (2) resident staff shall reside in the hortv at any firtr<'; and 3. All licence anti standard ut gxra [ion reyuirenx~n C; cf the State have teen corq>l led with. r. Class A mobile home; provided [la[ no Chinn contained herein shall !x' drevkd as suhercedinq or proven [i ny th+~ of,«•ra Lion of any applicable recorded tea tricti ve cov«~ nanis, ~~ r~ p 5 G 9 1 .q ej 11-2-4.3 11-2-4.3 9. Only one (1) single at[eched sign, nct co exceed six (6) sq. ft. in area, asy be allaxd. h. The lot size shall he adequate to provide for pnrkirg, child pick-up area, play area, xreeni ng and ee [backs. The Planning Administrator may also rerniire the follow ing standards to protect adjacent properties from ad- verse irtpacts cr [o protect the health, safety and bei- face of the children: i. Fencing and/cr landscape xreenino of [he fa- cility [o pro [ect adjacent properties from activi- ties of the facili [y, or to protect the children from adverse activities such as traffic on arterial or collector streets, a[ in tersec[iona or tc xreer, adjacent properties. j. Addi [iawl se [hack [o play areas from any pro- perty line to pct [ec[ adjacent properties or to protect children fran twsy s[ree ts, irrioa [irn ditches, anirtel pastures and other similar con- flicts. k. Any other conditions deemed necessary by the Planning Adri nis tra for [o protect the health, safety and slfare of the children or to protect adjacent property ovnecs from adverse irtiaac ta. fora. anz, 1-z}s4) C. Child Care Facility - 2n termedia to day care centers sub iect to the following findings and s[an da rds of approval 1. Findings: a. That the facility ie located rn the edge cf a neighborhood rather than in the center. 2. Standards of Approval: a. Those sUndarda of approval listed in Sec tim 11-2-4.3, 8.1, a-e, q, and if mequired, i-k. (Ord, 4772, 1-23-84) b. Provide for an orrai to child pick-up area de- signed to prevent vehicles from tai clring onto the roadsy (beck ing into an alley is permissible). (Ord. 4717, }7-83) 11-z-n.3 li-z-a., B. Child Care Facility - Child ;are home which is no[ in 6 [he opera toe's main residence subject to the fcllwing stands cds of approval: A. Agricultural or horn^u!tun I, incltxlinq the- raising of animals and poultry, ezcnpt h,>ls, provided that such animals and pool [rv are m-~intai nod within enclosures or buildings, and provided that ;uch fwrsui is as agricul- [ure, horticulture and [hie ra isinq of animals and poul- try are no[ raised er maintained for ccm,rtercial pur- poses; and further provided that no horse, cw oc usual Ca rm animal shall he rta in tamed m ar.y parcel or lo[ • which contains less than orn• acre, prey ided (tat build- ings and enclosures horsing such anima shall he net less than thirty feet (30') frpn all prglectp lines and a[ leas[ fifty fee[ (50') frwn all residential struc- tures and that all requirements of the Con Cral District Y•eal [h Department are met; 1. Standards of Apprcva l: a. Provide a minimum cu tdeor play area of 100 sq. ft. per child on-site. This area re<-:i rement may be waived or nodi Fied if apprcpria [e oi,en spice with connecting public sidewalks sr ,a the are 1o- ca [ed near [he tacility and that oiler. space can tp used by [he children as a play area; cc [he program _ of [he facil i[y is such, [ha[ [},e size of a group of children usino Che play area at any one time conforms [o [he 1G0 sa. ([, per child criteria. ~ b. Provide a m.i ni mum of thi r[}'-.`ive (3>) ft. (exclusive of to ths, kitchen and "ass; of irdwr oross floor area per child. c- `ecnrn and miinbi ir•. ~ child care license from Chr C3 h' Gf (y,jap i d• Comply with L':e recula tuns where apps icaF,le by law or jurisdiction of the Boise Ci [y Fire De- partrtent and ttw Leal ih Inspector. e• Provide, a[ minimum, one off-street parking space la•r employee. 7 f- IL loca [rd on an arh rinl oe collector street, provide (or an cn-site child I,i ck-up area designed [o prevent vehicles from tacking m[c [he rxduay (tacking into an alley a 6'e rmassible), .. i1-2-4.4 ~ • 11-2 !.5 ll-?_-4.4: Prohibited Uses: Uses no[ s{~eciCied above ace prohibited unless determined by the Planning Director, in accordance uiih Section 11-1-5. 1, to txx similar in nature [o [hose specified. (Ord. 4195, 3-13-78) 11-2-4.5: Lot Requirements; Density Limitations; and t{eight Limits: A. The mi nirm:m lot area shall tx as follws: R-lA - 20,OOf, square feet; R-10 - 9,000 square fee[; and R-1C - 6,000 square fee[, except [FUt corner lots in R-SC Districts shall ten to in at least 7,000 square fee[. 6. ': he minimum average width of a lot shall be as follws: R-lA - 100 feet; R-1B - 75 feet and R-1C - 70 fee[ fcr corner lots and 50 fee[ for interior lots. Let width requirements fcr single-family duelling uni [s within an ( R-1C Dis[ric[ may t,c r..eluced by the Cannissim on lots of record as of tho ol!ective ~lr[e of Uu~ fk~iae City 7.ening Orriinanee sub jc•et to the provisicros e. Eec[icns 11-1-9.1 through 11-1-7.11 0£ the ibise City Code (Con- ditional Use Permits) and conditins and restdctims: 1. t.c lot of cecocd may be s{rlit into more than four (4) lots With less than 50 feet of lot width. 2. The minimum lot vid [h shall be 60 feet fcr corner lets and 50 feet Cor interior lets. 3. Reeu: red se ttr3 ck lines shall x rte in to med. 4.~ The applicant must conclusively prove that [he lo[ of record c3 nnot feasibl}• Lr dowel o{red ui thou[ reduction of lo[ vid th. ,. The Commission rmrs t. find anal rice la re u~ron granting an applica ton to reduce lc[ width a~yuiremen [s oL to [s of record [hat such grant (a) com{,1 ies vi [h subdivision regu la [i rns and pla [tint procedures; and (b) ca~lies With the intent of the Boise City Zoning Ordinanrn in promoting health, safety and general velfa re of the public. b. ?here procedures, conditions and restrictions for reduci nu lo[ width requirements of lots of record, ~_ above provided, shall also apply to remnant lots vi thin sutu tan tia lly developed areas, provided Ur: Camiiss ion r,.a Res [he Cindirg and decla ra Cicns required by suhEx3ra- graph 5. ti r .~ APPLICATION TO AMEND THE ZONING ORDINANCES OF THE CITY OF MERIDIAN The Planning and Zoning Commission of the City of Meridian at the direction of the City Council and upon its own motion hereby submits its own proposed amendments to the Meridian Zoning Ordinance. That the proposed amendments are as follows: 1. Amend Section 11-2-403B, Definitions as follows: A. By the addition to said section of a definition of "Babysitting" which would read as follows: Babysitting--the act of caring for children for consideration while the parents or usual guardians are absent. If it is performed in the Childs own home or all the children are brothers and sisters of each other, this defin- ition shall not be restricted as to the number of children. If it is performed in the babysitters home for children who are not all brothers and sisters, this definition of babysitting shall be re- stricted to 3 children not any of which are related as brothers or sisters. Babysitting is further defined as being performed on a spordic basis and not on an every week day basis. It is not to be confused with day care or the definition of a child care facility. B. By the deletion of the definition of "Day Care Center". C. By the addition of a definition of "Child Care Facility" which shall read as follows: AMBROSE, FITZGERALD 6CROOKSTON AHOrneya uM CounNlon P.O. BOZ 127 MerMisn, MNo 89612 TNBPlgna 8881161 "Child Care Facility"--Any home, structure, or place where non-medical care, protection, or supervision is regularly provided to children under fourtheen (14) years of age, for periods less than twenty-four (24) hours per day, while the parents or guardians are not on the premises. There are three types of child care facilities: 1) Family Child Care Home--a child care facility which provides care for five (5) or fewer children throughout the day. 2) Group Child Care Home--a child care facility which provides care for six (6) to twelve (12) children throughout the day. 3) Child Care Center--a child care facility which provides care for more than twelve (12) children throughout the day. It should be noted that in determining the type of child care facility is being operated the total number of children cared for during the day and not the number of children at the facility at any one time is determinative. i D. By the addition of a definition of "Convenience 1 Store" which shall read as follows: ~f "Convenience Store--a store offering goods, including gasoline, for sale at retail. The The offering for sale of services or goods pertaining to the repair or servicing of vehicles shall not be included within this definition of convenience store. See definition of Service Station." E. By the addition of a new provision regulating accessory uses which would be known as section 11-2-410 D. Accessory Use Provisions and would read as follows: "11-2-410 D.-- Accessory Use Provisions: ~MBROSE, FIRGERALD BCROONSTON ~ttomsys.na Coonmloro P.O. BOx/2] MM01sn, IENo B9N2 i~MPMMBBB~M61 1. ACCESSORY USE REVIEW PROCESS: The Zoning Administrator shall make the initial determination as to whether a building, structure or use is accessory to a principal permitted use, and may issue zoning certificates for those which are determined to be accessory and which otherwise comply with this Section. a. The accessory determination shall be based upon the relation- ship of the building, structure or use to the principal permitted use. Specifically, it must be habitually or commonly established as reason- ably incidental to the principal permitted use and located and con- ducted on the same premises as the principal permitted use. In deter- mining whether it is accessory, the following factors shall be used: 1. The size of the lot in question; 2. The nature of the prin- cipal permitted use; 3. The use made of adjacent lots; 4. The actual incidence of similar use in the area; 5. The potential for adverse impact on adjacent prop- erty; and 6. The Applicant must be the owner of the property under consideration and the user of the accessory use. AMBROSE, FITZGERALD d CROOKSTON AnomM YW COUnNIae P.O. BOZ 127 Merltllan, IEY1o 838/2 TsMplwris 8881181 b. Family Child Care Homes and Home Occupations may be considered to be permissable accessory uses in the R-4 and R-8 residential districts if they are approved after applying the following ad- ditional review procedures and the applicable accessory use standards of section 11-2-410 D. 2. 1. Notice of the Ap- plication shall be mailed by certified return receipt mail to owners of property which abutts the external lot or boundary lines of the property under consideration. Properties across a street or alley or kitty corner to the subject property shall be deemed abutting properties. Fifteen (15) days from the date of publication, referrenced in paragraph 2 below shall be allowed for response to said notice. AMBROSE, FIRGERALO SCROOKSTON AROmeye Ntl Counaelore P.O. Box 13T Metltll9n, MNo 88811 TBMp1aM 888118/ 2. Notice of the Application shall be publishe in the Valley News for two (2) consecutive weeks and fifteen (15) days after the first publication shall be allowed for comments. 3. The Applicant shall be required to pay any ad- ditional sewer, water and trash charges or fees, if any are requird. 4. The use shall be con- sidered as a commercial use and shall not violate any applicable deed or subdivision covenants or restrictions relating to commercial uses. 5. Pay a fee of $80.00 plus pay all costs of notice, legal and engineering fees and consent to a lien for the above costs to be assessed against the subject property. 6. If there is an objection to the proposed use filed within the time for re- sponse, a hearing, after notice, shall be held by the Planning and Zoning Commission, which may grant or deny the appli- cation after making find- ings of fact. Any aggrieved party may appeal the decision to the City Council within thirty (30) days of the Commission's decision and if not so appealed the decision shall be final. 7. If there are no object- ions filed within the time for filing the same, the Zoning Administrators may grant the request. c. Group Child Care Homes and Child Care Centers are not accessory uses and are regulated as conditional uses. (See Section 11-2-418 for Conditional Use procedures.) 2. ACCESSORY USE STANDARDS: a. Accessory Buildings Standards: AMSROSE, FITZG ERALD B CROOKSTON Attomey0 and Counselon P.O. Boz 12T Mar101an, IENo 83012 TNplan~ 888J101 1. All parts of an accessory building shall be located within the lot of ownership. Where an alley has been vacated permitted accessory uses may be located at the centerline of such alley, provided: a) Proof of ownership is established; b) Disclaimer by the City of any utility easements; and c) Written disclaimer by all utility companies waiving use of the portion of alley to be improved by a structure; 2. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. 3. An accessory building may be erected detached from the principal building, or it may be connected thereto by a breezeway or similar structure. No accessory building shall be erected in any required court, or in any required yard other than a rear yard, except that where the natural grade of a lot at the front line of the principal building is such as to result in a driveway having a grade of ten percent (108) or greater, a private garage may be erected within the front yard, but not within fifteen feet (15') of any street line. AMBROSE, FITZGERALD BCROOKSTON Altomays enE Counwlon R.o. Bo. K2T MxMbn, kWq SJEIP TN~pftM~8BSM87 4. No accessory building or structure shall occupy more than forty percent (408) of the area of a required rear yard. 5. If not in a rear yard, an accessory building shall be connected with the principal building to which it is accesory, and shall be so placed as to meet all yard and court requirements for a principal building in- cluding height and other dimensions. 6. If located in a rear yard, both detached and connected accessory buildings shall be subject to the requirements set forth in the following paragraphs: a. The height shall not exceed fifteen feet. b. No detached acces- sory building shall occupy any portion of the front yard setback for a lot with a nonresident- ial zone, if such lot has a common lot line to another lot zoned residential. c. Underground fallout shelters may be located within five feet (5') of any property line and shall be exempt from maximum lot coverage requirements. AMBROSE, FITZGERALD BCROOKSTON Attomeye enU Counsebn P.O. Soz 12] MerlElen, IGIw 8362 TslspMlM 888d1E1 d. No part of an accessory building on a corner lot located within twenty five feet (25') of an adjacent residentially zoned lot (either directly or across an alley) shall be nearer to such adjacent lot than the least depth of the existing front yard or re- quired street side yard for a building on such adjacent lot, nor shall ac- cessory building project into the side or front yard for the principal building to which it is necessary. e. Coverage of rear yard by accessory buildings shall not exceed twenty five percent (25~). f. No accessory building or portion thereof located in a required rear yard shall exceed fifteen (15) feet in height. 3. Family Child Care Home Standards: It is the intent of this provision to provide for accessory family child care homes which will not adversely impact surrounding properties due to children's noise, traffic and other activities, and which are located away from and properly screened from adverse impacts to the health, safety and welfare of the children. The following conditions shall apply: AMBROSE, FITZG ERALD dCROOKSTON AttomeYe eIM Gouneelon P.O. BOZ 427 MerlElen, IGM B3B42 Tsleplans 888d4E7 Secure and maintain a child care license from the Idaho State Depart- ment of Health and Wel- fare-Child Care Licensing Division if required. 2. Acquire an occupancy certificate and/or build- ing permit. 3. Provide one off-street parking space per employee which may be the driveway to the home. 4. Provide for child pick-up area located off of arterial or collector streets. 5. Provide for screening of adjacent properties to protect children from ad- verse impacts and to pro- vide a buffer between properties. 6. Provide for a fence of appropriate height/con- struction, to enclose play areas, protecting children from traffic on arterial or collector streets. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a group day care home. 4. Home Occupation Standards: It is the intent of this pro- vision to permit home oc- cupations in residential dwellings which do not change the appearance of the res- idence nor the condition of its residential character. The following conditions shall apply: AMBROSE, PITZGEMLO dCROOKSTON Atiomsya anA Cooneslors V.O. BOx d2T McNOlan, IENo 838/2 TNSpMne BBBddBI a, No persons other than members of the family residing on the premises shall be engaged in such occupation; b. The use of the dwelling unit for the home occupation shall be clearly incidential and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25B) of floor area of the dwelling unit shall be used in the conduct of the home occupation; c. No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; d. No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; and AMSROSE, FITZGERALD 6CROOKSTON Attomeyn YM CounsNOrs P.O. Boz I2] Mar101An, IAYq . B361Z TMSpNOM SBMM1 e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detecteable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. f. In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. F. By amending Section 11-2-418 B. 12 by repealing the section and re-enacting the same as follows: "11-2-418 B. 12: a. In residential districts a petition signed by seventy-five percent (758) of all those persons owning property within three hundred (300) feet of the external boundaries of the land being considered showing their approval of the proposed conditional use. b. In all districts other than the residential districts the above mentioned 758 petition shall not be required." G. By amending Section 11-2-418 B. 15 by the addition of the following: "The Application shall include one copy of the subdivision covenants or restrictions or any deed restrictions, and a statment by the Applicant that the proposed use does not violate those covenants or restrictions." H. By amending Section 11-2-418 B by the addition thereto of two new subsections numbered 16, 17 and 18 which read respectively as follows: AMBROSE, FITZGERALD BCROOKSTON Attomsye entl Gouneelae P.O. Bow a27 Ma"Glen, IGeAo B3Set TNSplane SSSMet "16. a statement that the Applicant or the user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial". "17. The Application shall be verified by the Applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct". "18. No conditional use shall be granted if it violates any applicable subdivision or deed convenant or restriction". I. By amending Section 11-2-409, Zoning Schedule of Use Control, as set forth in Exhibit "A", which is attached hereto and by this reference incorporated herein, DATED this d ~ day of May, 1988. 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