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.
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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
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-, • •
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
~;
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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:
~~~
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~~~~ 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
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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
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• ~ 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
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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.
:.~
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,.
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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,
~~
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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.
ALT MORR W, CHAIRMAN
AMBRDSE,
FITZGERALD
B CROOKSTON
Atlomsys YM
Counsslon
v.o. m. m
Menalsn, leuw
axiz
TsNpwne BSS1161
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