TOWN OF GILBERT PLANNING AND ZONING COMMISSION WORKING SESSION

GILBERT MUNICIPAL CENTER, 50 E. CIVIC CENTER DRIVE, GILBERT, ARIZONA

JULY 7, 2004

COMMISSION PRESENT: Chairman Brigette Peterson, Vice Chairman Michael Monroe, Commissioner James Beene, Commissioner Dan Dodge, Commissioner Joan Krueger, Commissioner Shane Leonard, Alternate Commissioner Susan Preiss

COMMISSION ABSENT: Commissioner Karl Kohlhoff

STAFF PRESENT: Planning Director Jerry Swanson, Planning Manager Linda Edwards, Senior Planner Joseph Moon, Planner Leila DeMaree

ALSO PRESENT: Town Attorney Phillis Smiley, Vice Mayor Don Skousen, Fire Chief DeWitt, Recorder Trasie Johns

CALL TO ORDER:

Chairman Brigette Peterson called the meeting to order at 5:35 P.M.

Z04 - 7 - Town initiated request to amend the ULDC to modify definitions and allow for up to 10 children and an additional employee for residential child daycare.

Senior Planner Joseph Moon informed the Commission that they were there to discuss a possible Unified Land Development Code (ULDC) amendment to allow home daycare providers to provide service for up to 10 children.   He explained that the current allowance for home based daycare is a maximum of four children. He noted that in response to citizen concerns, the Council directed staff to make a change in the ULDC regarding home based day care.

Mr. Moon pointed out that the Building and Safety Division took forward to Council communications the previous day which was approved for building modification that would be required as a part of the Ordinance. He explained that part of these requirements would be that the children would need to be located at grade level and the room must have a swinging exit door, not a sliding door. He added that the Fire Department had some requirements, such as requiring a residential smoke and fire detection system that was monitored by an offsite alarm monitoring company. The applicant would be required to get a building registration and the Building and Safety Department would monitor to make sure the items in the Ordinance were in compliance. He concluded his presentation and asked for questions.

Commissioner James Beene questioned if the Ordinance addressed adult day care as well.

Mr. Moon replied that the definitions included adult day care, but primarily the Ordinance was drafted to focus on child day care.

Commissioner Shane Leonard referred to page four in the staff report, items e. and g. and questioned if they needed to include language that addressed proof that they had applied for and received permission from an HOA. He was concerned that residents would not get the permission from the HOA and still make the adjustments to their property based on the requirements in the Ordinance.

Chairman Brigette Peterson responded that the Town did not have any legal grounds over HOAs in home owner requirements.

Commissioner Shane Leonard referred to item h. and questioned why they had a separation requirement of 300′ from any other day care business when Chandler required a distance of 1200′.

Planning Director Jerry Swanson replied that this was the Staff’s best estimate as to a distance that would be reasonable and not allow businesses to be placed next to each other. He explained that they were concerned about traffic flow if the businesses were too close. He noted that the Ordinance changed the definition of Day Care Home Occupation and Day Care Residential. The break point was currently four children and the new Ordinance would increase this to five children without having to be licensed. This was in line with the state requirements.

Commissioner Shane Leonard wondered why they were changing the Ordinance from four to ten children since it was such a great difference. He questioned if this was consistent with what other communities were doing.

Mr. Moon replied that this was consistent with the state regulations.

Chairman Brigette Peterson asked if sliding arcadia doors would be allowed.

Mr. Moon answered that the door would need to be a hinged swinging door. He clarified that this requirement was for the exit door on the level that the children were being taken care of.

Chairman Brigette Peterson asked if anyone from the public wanted to speak on the item. No one came forward.

Mr. Swanson pointed out that Fire Chief DeWitt was present that evening if anyone had any questions.

ADJOURNMENT

Chairman Brigette Peterson adjourned the meeting at 5:50 P.M.

ATTEST:

Recorder Trasie Johns