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Home My WebLink AboutA001 - Council Action Form dated August 22, 1995 N 1 ITEM #: DATE: 08/22/95 COUNCIL ACTION FORM SUBJECT: PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDMENT TO CHAPTER 29, SECTION 29.10(3)(e) OF THE ZONING ORDINANCE, WHICH DEALS WITH TRAFFIC CRITERIA FOR HOME OCCUPATIONS. ACTION FORM SUMMARY: This action involves an amendment to Section 29.10(3)(e) that would provide for an exception to the traffic criteria to permit day-care homes to exceed the maximum number of home occupation visits permitted by the Ordinance. The Planning & Zoning Commission and staff recommend approval of the amendment to Section 29.10(3)(e), which is stated below. BACKGROUND: At the special City Council meeting on June 20, 1995, the Council requested that staff look at the traffic criteria for home occupations as they apply to day-care homes. This matter was brought to Councilperson Hoffman's attention by a citizen, who had applied for a home occupation permit to operate a day-care home and was having difficulty meeting the traffic criteria required for a home occupation. A day-care home for the care of not more than six children or adults is a conditional home occupation that is approved by the Zoning Board of Adjustment. The maximum number of people allowed to be cared for in a day-care home as a conditional home occupation is consistent with the maximum number of preschool children that may be cared for in the home by one person under the rules of the Department of Human Services. Thus the City's regulations for the number of children allowed is consistent with the number of children that the State allows in a home day care situation. The problem that has been encountered is that in Section 29.10(3)(e) of the Home Occupation Section of the Ordinance limits the maximum number of visits allowed per day for a home occupation to 10 visits. (Note: The basis for the 10 visits per day comes from the Institute of Transportation Engineer's average number of trips for a single-family dwelling.) This presents a problem for day-care homes where there are six (6) children in attendance from six different families. Under these circumstances this would amount to a minimum of 12 visits per day to allow for the drop-off and pick- up of the children. Additional visits to the day care home from parents also may be needed to take children to the doctor or dentist for routine visits or to various lessons and then return them to the day-care home; nursing mothers may need to visit the home during the day; and it is important for parents to be able to visit their children during the day to assure quality day care. Similar visits also may be needed in the situation where adult day care is provided. The possible alternatives to solve this situation would be; to (1) limit the number of children or adults to be cared for in a day-care home situation to some number less than six so that the maximum number of visits allowed for a home occupation would not be exceeded, (2) to allow an exception to the maximum number of visits permitted for a home occupation for a day care home only. Since child care is vitally needed in the community and since this care, especially for infants and young children, is provided primarily in a day-care home situation, a limitation on the number of children for which care could be provided that is different from the State limits would be contrary to the needs of the community and would be difficult to enforce. Therefore staff believes that an exception to the maximum number of visits should be considered for day-care homes under the provisions of Section 29.10(3)(e). ANALYSIS: Section 29.10(3)(e) of the Home Occupation section of the Zoning Ordinance currently reads as follows: "(e) Traffic. The activity should not generate significantly greater traffic volumes than would normally be expected in a residential area. Not more than ten (10) visits per day shall be allowed. Generally delivery and pickup of materials or commodities to and from the premises by commercial vehicles should not interfere with the delivery of utilities or other services in the area." The proposed change to Section 29.10(3)(e) would allow for more than 10 visits for day-care home, if necessary. The new wording that would allow more than 10 visits is as follows: "(e) Traffic. The activity should not generate significantly greater traffic volumes than would normally be expected in a residential area. Not more than ten (10) visits per day shall be allowed. An exception to the number of visits allowed per day may be permitted for day-care homes due to the number of children or adults allowed and the need for parent or care giver contact during the day. Generally delivery and pickup of materials or commodities to and from the premises by commercial vehicles should not interfere with the delivery of utilities or other services in the area." Although more than 10 visits per day could be allowed by the Zoning Board of Adjustment for day-care homes under this proposal, the actual number of visits per day in many day-care home situations would not actually exceed the 10 visits. In many situations the day-care providers have preschool children of their own that are counted in the total of six (6) children allowed, and in other cases siblings from the 2 A same family come to the day-care home. Thus the actual number of visits to the site might still be less than 10 visits on most days. This proposed exception takes into consideration those instances when additional visits are needed, so that the day-care home would not be in violation of the Ordinance. The Planning and Zoning Commission reviewed this request at their meeting of July 19, 1995, and recommended that it be approved. ALTERNATIVES: 1 . The City Council can approve the proposed amendment to Section 29.10(3)(e) as stated above. 2. The City Council can deny approval of the amendment to Section 29.10(3)(e) of the Zoning Ordinance. 3. The City Council can table action on this request for additional information from staff. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1 . This will approve the amendment that would allow day-car homes to exceed the maximum of 10 visits per day allowed for home occupations due to the number of clients permitted under the home occupation provisions in the Ordinance and the special needs of clients which may require additional visits to the site during the day. h\bpo\caf\home.822 3 Proof of Publication in DAILY TRIBUNE STATE OF IOWA,STORY COUNTY,ss. I,Craig McMullin/Joan Rost,on oath depose and say that I am President/Controller LEGAL NOTICE criteria for home occupations. Any person Of DAILY TRIBUNE,a daily newspaper,printed interested in and desiring to be heard with at Ames,Story County,Iowa;that the annexed respect to this matter may then appear and NOTICE OF PUBLIC HEARING be heard. The meeting is scheduled to begin printed at 7:00 p.m. in the Council Chambers of the NOTICE IS HEREBY GIVEN that the Ames City Hall, 515 Clar__, Ames, Iowa. City Council will conduct a public hearing on Sandra L. Ryan, City Clerk CITY OF AMES Tuesday, August 22, 1995, to consider an NOTICE OF 8/22/95 PUBLIC HEARING amendment to Chapter 29, Section 29.10(3)(e) Published in The Daily Tribune August 15, of the Ames Municipal Code regarding traffic 1995 was published in said newspaper for 1 consecutive week(s) and the last of said publication was on the 15th day of August, 1995 Sworn to before me and subscribed in my presence by Craig McMullin/Joan Rost this 17th day of August, 1995 ,Notary Public in and for the State of Iowa FEES,$4.51 NO:28274 AML.-I S`"tsF AMES05 = TIFFANY A. WALKER �OWP Proof of Publication in DAILY TRIBUNE STATE OF IOWA,STORY COUNTY,ss. I,Craig McMullin/Joan Rost,on oath depose criteria for home occupations. Any person and say that I am President/Controller LEGAL NOTICE interested in and desiring to be heard of DAILY TRIBUNE,a daily newspaper,printed respect to this matter may then appear and be heard. The meeting is scheduled to begin at Ames,Story County,Iowa;that the annexed NOTICE OF PUBLIC HEARING at 7:00 p.m. in the Council Chambers of the printed NOTICE IS HEREBY GIVEN that the Ames City Hall, 515 Clar__, Ames, Iowa. City Council will conduct a public hearing on Sandra L- Ryan, City Clerk Tuesday, August 22, 1995, to consider an Published in The Daily Tribune August 15, CITY OF AMES amendment to Chapter 29, Section 29.10(3)(a) NOTICE OF 8/22/95 PUBLIC HEARING I of the Ames Municipal Code regarding traffic 1998. was published in said newspaper for 1 consecutive week(s) and the last of said publication was on the 15th day of August, 1995 L e Sworn to before me and subscribed in my presence by Craig McMullin/Joan Rost this 17th day of August, 1995 ��,Notary Public inand for the State of Iowa FEES,$4.51 �pptA(S NO:28274 z , . T1FFA Y A. W LKER AMES05 OWA M E M O CITY ATTORNEY'S OFFICE CITY OF AMES TO: Sandra Ryan, City Clerk FROM: John R. Klaus, City Attornem DATE: August 11, 1995 SUBJECT: Zoning Ordinance Amendment, Day-Care Homes This is a zoning ordinance, so there must be a public hearing. A notice must be published at least seven days before the hearing, and the hearing cannot be sooner than the next regularly scheduled council meeting. See Sec. 414.4 Code of Iowa. J 6 NOTICE OF PUBLIC HEARING �" `0 NOTICE IS HEREBY GIVEN that the Ames City Council will conduct a public hearing on Tuesday, August 22, 1995, to consider an �V amendment to Chapter 29, Section 29.10(3)(e) of the Ames Municipal Code regarding traffic criteria for home occupations. Any person interested in and desiring to be heard with respect to this matter may then appear and be heard. The meeting is scheduled to begin at 7:00 p.m. in the Council Chambers of the City Hall, 515 Clark, Ames, Iowa. Sandra L. Ryan, City Clerk