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HomeMy WebLinkAboutA001 - Council Action Form dated January 12, 1999 'f° ITEM #: DATE: 01/12/99 UUUNCIL ACTION FORM SUBJECT: FIRST PASSAGE OF AN ORDINANCE APPROVING A TECHNICAL AMENDMENT TO SECTION 29.10 HOME OCCUPATIONS OF THE AMES MUNIICPAL CODE. ACTION FORM SUMMARY: This is a technical amendment to the list of conditional home occupations in Section 29.10(1)(b) of the Zoning Ordinance to allow the care of more than six children in a family day care home, as defined in the State Code. Approval of this request is recommended. BACKGROUND: It has come to the attention of staff that the State of Iowa under the provisions in Chapter 237A.3 of the State Code allows for the care of up to 11 children in a registered or unregistered family day care home. Staff had previously thought that a family day care home was limited to the care of up to six children. Family day care is defined by the State as the care of six or fewer preschool-age children with no more than four children under the age of two years. A family day care provider may also provide care for an additional five (5) school-age children before and after school for a period of time that is less than two hours. This provision in the State law is inconsistent with the provisions in Section 29.10 of the Zoning Ordinance, which is the section dealing with home occupations. Under Section 29.10(1)(b) a day care home is a conditional home occupation that limits care to no more than six (6) children or adults. The care of more than six children at any one time under the provisions in the current Zoning Ordinance would require a Special Use Permit for a day care center. The problem that has resulted from the differences between the two regulations is that there are many day care providers in the community that are operating family day care homes consistent with the State requirements. However, they do not have Special Permits for a home occupation from the City, and they cannot get a Special Permit for a conditional home occupation because at times during the day (before and after school) they may have more than six children being cared for in their homes. Currently their options for bringing their businesses into compliance with the City requirements for operating a home business are as follows: (1) stop doing before and after school care; (2) reduce the number of preschool children they are caring for in order to do before and after school care; or (3) seek a Special Use Permit for a day care center. A fourth option would be to change Section 29.10 to allow a family day care home as a conditional occupation and to permit before and after school care for up to five school age children for less than two hours, in addition to the care of up to six preschool children. According to information from the Center for Child Care Resources, which is a child care referral service at Iowa State University, they have 48 child care providers with Ames addresses registered with them as family day care homes (actually 44 of these homes are within the corporate limits). Of that number 28 providers care for school age children before and after school in addition to preschool children. This amounts to 58 percent of all family day care home providers that are registered with the Center for Child Care Resources in Ames. If this is expanded to all of Story County, then 44 of the 77 child care providers registered as family day care homes or 57 percent of the child care providers give care to school age children before and after school in addition to preschool children. As can be seen from these statistics, this is a prevalent situation in this community. Also the last two people seeking an application for a Special Permit to operate a family day care home as a conditional home occupation are currently providing before and after school care in addition to caring for up to six preschool children. They have stated that they are doing this because of a need in their neighborhoods for this type of care. According to these providers, the school age children are dropped off by their parents in the morning or they walk to the child care provider's home. Then they walk to school and back to the provider's home after school, where they stay until their parents come home from work. In the case of school age children, it is more likely that the children will walk to the family day care home, if it is located near the school or near their own homes. Refer to the attached map, which shows the location of the 44 family day care homes in Ames, as discussed above. Of the 44 family day care homes in Ames, 27 or 63% are located within one-half mile of an elementary school. The majority of the remaining family day care homes are located in neighborhoods, which are a greater distance from school but are heavily populated by children (e.g. Schilletter/University Village, Old Orchard Mobile Home Park, and College Creek Subdivision). Note: Preschool children, however, are usually dropped off and picked up by parents in a vehicle. It should be noted that there are other types of day care in the home such as group day care and joint registration would be considered a day care center by the City of Ames, and a Special Use Permit for the operation of these businesses would be required by the City. 2 The following is a list of the types of child care: Family Day Care. Six or fewer preschool children with no more than four children under two years of age. May have five additional school age children before and after school for less than two hours. One care giver. State registration is voluntary. City Permit: Special Permit - Home Occupation for six or less children Special Use Permit - Day Care Center for more than six children Group Day Care. Six children under the age of six years plus five school age children with no more than four children under two years of age. One or two care givers. Must have an assistant when seven or more children are present for more than two hours. State registration is required. City Permit: Special Use Permit - Day Care Center Joint Registration. Ten (10) non-school age children with no more than four children under the age of two. An 11t' child can be one of the four infants or a school age child without a two hour limit. May have an additional four school age children for no more than two hours before and after school. Two care givers. State registration is required. City Permit: Special Use Permit - Day Care Center Day Care Center. Provides care for seven or more children and is licensed by Iowa Department of Human Resources. City Permit: Special Use Permit - Day Care Center 3 Pre- or Nursery School. Educational program for seven or more children three to five years of age for up to three hours per day and is licensed by Iowa Department of Human Resources. City Permit: Special Use Permit - Day Care Center The significant differences between a family day care home and a group day care home or joint registration, both of which are done in the home, are the number of employees required and the fact that more than six children would be present for longer periods of time. Only one employee is required for the family day care home and two employees are required for other businesses. Also group day care and joint registration will have more than six children in attendance throughout the year, while a family day care home would generally have more than six children present before and after school only during the school year. ANALYSIS: The issues that are most problematic with providing day care in the home are the impacts on adjacent residential properties and the surrounding neighborhood. The impacts are a result of traffic to and from the home and the noise coming from children playing outside. Permitting both before and after school care for periods of time less than two hours for up to five school age children in addition to all day child care of up to six preschool children, as is allowed for a family day care home by the State, would result in some additional traffic and some additional noise. However, as stated above, many of the school age children can walk to and from the family day care home, thus the increase in vehicular traffic from school age children may be limited in many instances. And the additional noise from children playing outside would generally be limited to after school. It can be argued that this noise would be in the neighborhood anyway since a lot of the after school care is for neighborhood children. 4 The two options are: 11. Retain the current language in Section 29.10(1)(b)(i), which is.- "The following shall be considered conditional home occupations: (i) Day-care homes (six or fewer children or adults);" 2. Modify the language in Section 29.10(1)(b)(1) to read as follows: "The following shall be considered conditional home occupations: (i) Family day care home for the care of six or fewer preschool children and for the care of five or fewer school age children. The care of school age children shall be limited to before and after school care for less than two hours at a time. Or in the alternative a day care home for the care of six or fewer adults." If the current language is retained, then anyone who will be providing family day care home service and will be caring for seven or more children at any one time in compliance with State requirements would have to get a Special Use Permit for a day care center or would have to reduce the number of children being cared for. The Special Use Permit process is more rigorous than the Special Permit process for a conditional home occupation. The Special Use Permit has different standards from the Special Permit, and it requires a review and recommendation by the Planning and Zoning Commission, and approval by the Zoning Board of Adjustment. The Special Permit requires only action by the Zoning Board of Adjustment. STAFF COMMENTS: Staff believes that changing the language in the home occupation section of the Zoning Ordinance, as stated above, would not unduly impact adjacent residential properties and the neighborhood in general due to added traffic and additional noise, and it would eliminate confusion between the State requirements and local requirements for child care as a home occupation. The Zoning Board of Adjustment can further restrict the number of children being cared for in the home, if they believe it will negatively impact the surrounding area. As per Section 29.10(2)(b), "The Board may, if warranted by the evidence, impose as additional conditions, such measures as may be deemed necessary to protect the legitimate use and enjoyment of neighboring properties." Also, this change should result in more family day care homes being brought into compliance with City regulations. Many people are currently operating family day care homes without complying with City permit requirements. Since child care in the home is a traditional home occupation, most home day care providers are not aware that they need a permit from the City. The lengthier Special Use Permit process may discourage home day care providers from coming forward to bring their businesses into compliance with the City regulations. 5 RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: The Planning and Zoning Commission reviewed this proposed technical amendment at their meeting of December 2, 1998 and recommended approval. ALTERNATIVES: 1. The City Council can approve the technical amendment to Section 29.10(1)(b)(i) to allow the care of more than six children in a family day care home, as stated above. 2. The City Council can retain the current language in Section 29.10(1)(b)(i), which restricts a day care home to the care of not more than six children or adults. 3. The City Council can approve the technical amendment to Section 29.10(1)(b)(i) with modifications. 4. Action on this request can be postponed and referred back to City staff and/or the applicant for additional information. RECOMMENDED ACTION: It is recommended that Alternative #1 be adopted. Alternative #1 is an approval of the technical amendment to the Section 29.10(1)(b)(i) that would result in the definition for a day care home under the City's regulations to be the same as the State's regulations. It appears that more than half of the family day care homes in this community now provide before and after school care, and this change will allow them to apply for and receive a Special permit for a conditional home occupation, instead of undergoing the lengthier Special Use Permit process. 6 ........ t w, I d W , E i : C! G1 _ m d W p t T Cq 41 N f Y 1 ! d —{i Lid - - �Z. .... _ '. _ 7`� =.'-� ;` �*'. try �LJ�.I �I� ;'.�.t�::-.:_' --�—�'•'=-i;-=-fi..._�_._. .._. ..-.. _.t ira. O - .. . �_.__...._ H>•,t ;p aE•� f � .. .:' ........:.. ._._.:._....__ t q,. �,t �., sat ,. � f.�. r0 3 •, 't•� ,.—� i i OfLj 3 ram' 'wSr -y '_9"y�~� �+e ry�� T�•-�' cE _ ... pi 1 37 ' T._ �. t , r• L Y L -- i I a ...... < l .E UJIz_' ... ' I r : Proof Of Publication In THE TRIBUNE STATE OF IOWA,STORY COUNTY,ss. I,Craig McMullin/Joan Rost,on oath depose and say that I am President/Controller of THE TRIBUNE,a daily newspaper,printed at Ames,Story County, Iowa;that the annexed printed PUBLIC HEARING-AMENDMENT OF SECTION 29.10(1)(b)(1),AMES MUNICIPAL CODE PERTAINING TO ZONING PERMITS FOR DAY CARE PROVIDERS was published in said newspaper for 1 consecutive week(s)January 4, 1999 and the last of said publication was on the 4th da f January, 1999. sworn to before me and subscribed in my presence by Craig McMullin/Joan Rost this 4th day of January, 1999. VIRGINIA A.BRANNAN MY COMMISSION EXPIRES pow Notary Public in and for the State Of Iowa My commission expires 11/28/2000. FEES: $3.54 NO. 41274 LEGAL NOTICE AMES05 LEG.#41274 A public hearing will be held by the Ames City Council on an ordinance proposed for the amendment of Sec. 29.10(1)(b)(i), Ames Municipal Code pertaining to zoning permits for day care providers.The hearing will be in con- junction with the regular meeting of the City Council scheduled to begin at 7:00 p.m.on the 12th day of January, 1999,in the City Council chambers, City Hall, 515 Clark Street, Ames, Iowa. Published in The Tribune January 4,1999. PrQ,ec o-w I loy LEGAL NOTICE A public hearing will be held by the Ames City Council on an ordinance proposed for the amendment of Sec. 29.10(1)(b)(i), Ames Municipal Code pertaining to zoning permits for day care providers. the hearing will be in conjunction with the regular meeting of the City Council scheduled to begin at 7:00 p.m. on the 12th day of January , 1999, the in the City Council chambers, City Hall, 515 Clark Street, Ames, Iowa.