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WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JULIE KLEIN FISCHER
WM. F. GIGRAY, II!
BRENT JOHNSON
D. SAMUEL JOHNSON
WILlIAM A. MORROW
WlllLAM F. NICHOLS'
CHRISTOPHER S. NYE
PHIlIP A. PETERSON
STEPHEN 1. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
TERRENCE R. WHITE"
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288.2501
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208) 466.927Z
FAX (208) 466A405
En,.w, vi. Internet @ w1j¡@Jwpprng.com
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February 22, 2000
RECEIVED
MAR - 1 2000
CITY OF NÅ’RIDlAt~
PLEASE REPLY TO
MERIDIAN OFFICE
To:
Staff
Applicant
Affected Property Owner(s)
Re:
Application Case No. CUP-OO-OO7
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING
COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findin~ and Recommendations of the Planning and
Zoning Conunission shall be presented to the Cigr Council at dle public hearing on d~e above
referenced matter by the Planning and Zoning Administrator. Due to the volume of matters
which ilie City Council must deciae, and to insure your position is understood and clear, it is
important to have a consistent format by which matters are presented at the public hearings
betore ilie City Council.
The City Council strongly recommends:
1.
That you take time to carefully review the Findings and
Recommendations of the Planning and Zoning Commission, and be
prepared to state your position ~n this application by addressing the
Findings and Recommendations ot the Plaruling and Zoning Commission;
and
That you carefully complete (be sure it is legible) the Position
Statement if you dlsa~ee with the Findings and-:Recommendations
of the Plannmg and Zoning Commission. The Position Statement
form for this application is available at ilie City Clerk's office.
It is recommended iliat you p~reFare a Position Statement and deliver it to ilie
City Clerk prior to ilie hearing, if possible. If iliat is not possible, please present your Position
Statement to the City Council at the hearing, along with eight (8) copies. The copies will be
~resented to ilie Mayor, Council, Planning and Zoning Administrator, Public WorKs and the
City Attorney. If you ':tre a part of a group, it is strongly recommended iliat one Position
Statement be filled out tor ilie group, wruch can be signed by the representative for the group.
2.
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CitYAt~
n"¡iZo\Wmk\M\Mcridian I5360M\PLANNING AND ZONING FILE\PZPostionSt.,l<:mcnt.Ltr
1'-
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE ) Case No. CUP-OO..OO7
REQUEST FOR CONDITIONAL )
USE PERMIT FOR A GROUP ) RECOMMENDATION TO CITY
DAYCARE HOME FOR 6..12 ) COUNCIL
CHILDREN )
)
ANNA KUI<A Y, )
)
Applicant )
1.
The property is located at 3512 E. Clarene, Meridian, Idaho.
2.
The owner of record of the subject property is Anna Kukay of 2512 E.
Clarene.
3.
Applicant is the owner of record.
4.
The subject property is currently zoned Medium Density Residential
(R-8). The zoning district of R-8 is defined within the City of Meridian Zoning and
Development Ordinance, Section 11-7-20.
5.
The proposed application requests a conditional use pennit for a group
day care for 6-12 children. The R.8 zoning designation within the City of Meridian
Zoning and Development Ordinance requires a conditional use pennit be obtained
for most uses including those requested by the Applicant. (Meridian City Zoning and
Development Ordinance, Section 11-8-1).
6. The Meridian Planning and Zoning Commission recognizes that the
RECOMMENDATION TO CI1Y COUNCIL.. 1
CONDITIONAL USE PERMIT - ANNA KUKAY -DAYCARE GROUP HOME
"".
proposed application is in compliance with the Meridian Comprehensive Plan.
7. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the
City Coundl of the City of Meridian that they approve the conditional use permit as
requested by the applicant, subject to the following:
1.
Adopt the Recommendations of the Planning and Zomng Department as
follows:
1.1
1.2
1.3
1.4
1.5
1.6
Applicant shall provide a minimum of one (I) off-street parking space
per employee of the day care and adequate off-street loadingltmloading
areas for children. As long as the garage is utilized, the 2 I-foot driveway
shown on the plan may accommodate this requirement. (See Section 11-
13.2 of the City of Meridian Zoning and Development Ordinance.)
No signage is permitted.
Sanitary sewer and water to tills facility would be via existing service
lines. Plans for sewer and water selVÎce will be reviewed to see if the
additional load would justify additional assessments. Please provide any
information that you may have with regard to your antiåpated water
demand. Applicant will be reqillred to enter into an Assessment
Agreement with the City of Meridian prior to operation.
A Certificate of Occupancy is required for the daycare prior to
operation.
Any outdoor trash areas shall be screened.
The Group Child Care Home shall not adversely impact surrounding
properties due to cmldren's noise, traffic and other activities.
RECOMMENDATION TO CITY COUNCIL - 2
CONDITIONAL USE PERMIT - ANNA KUKAY -DAYCARE GROUP HOME
,.
1.7
Applicant shall secure and maintain a child care license from the Idaho
State Department of Health and Welfare-Child Care Licensing Division.
Provide copy of license to the City of Meridian prior to beginning
operation. Operator's license shall be on-site for City inspection at all
times.
1.8
Applicant shall ensure that immunization of all children is verified prior
to acceptance into program.
1.9
Applicant shall provide for screening of adjacent properties to protect
children from adverse impacts and to provide a buffer between
properties.
1.10 Applicant shall provide for a solid fence of appropriate height!
construction (6~foot recommended), to enclose outside play areas.
1.11 A deck is shown on the site plan in the rear yard. This area should be
well maintained and free of any potential hazards to children.
1.12 If the Conditional Use Permit is approved, Applicant is to schedule an
appointment with the Meridian Fire Department for inspection prior to
operating. Operation of daycare without proper approvals will result in
revocation of conditional use pennit.
1.13 Applicant must keep all outside play areas free of noxious weeds.
1.14 Violation of any of the above conditions shall be cause to revoke a
zoning certificate and certificate of occupancy for a Group Child Care
Home. The Conditional Use Pennit shall be subject to review upon ten
(10) days' notice to the applicant.
ey/Z:\WoIk\M\Meridian 15360M\Kukay Daycare\CUP.Rec
RECOMMENDATION TO CITY COUNCIL - 3
CONDITIONAL USE PERMIT - ANNA KUKAY -DAYCARE GROUP HOME