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Findings - PZ - 1993 - CUP - Cup To Allow Day Care Facility CITY OF EAGLE IN THE MATTER OF EAGLE UNITED METHODIST CHURCH AN APPLICATION FOR A CONDITIONAL USE PERMIT ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW On December 28,1992, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Section 8-7-3-5, Eagle City Code, Larry Martin, Pastor and representative of Eagle United Methodist Church and Karen Stark, Boise YMCA representative, the applicants, came before the Eagle Planning and Zoning Commission for the City of Eagle, Idaho, requesting approval of a conditional use permit to establish a day care center within the church for before, after school and summer care for ages Kindergarten through sixth grade children. The church will start with from 20 to 24 children, but may enlarge within the guidelines of state and county space restrictions. The church is in a R5 District. Based on the application, testimony from the applicants and all interested parties and, together with all documentary evidence submitted concerning the application, the Eagle Planning and Zoning Commission finds the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The records in this matter indicate all notices, and publications have occurred as required by law. The records further reflect notice of the public hearing was sent to relevant public entities, including Central District Health, Eagle Sewer District, Eagle Water Co., Eagle Fire Dept., Idaho Power, and Ada Highway District. The City was advised by said entities that there was no objection to the applicant' s request for a special use permit. 2. . On December 28, 1992, a public hearing was conducted by the Eagle Planning and Zoning Commission. There was no public testimony in opposition. 3. The location of the property is N of the Eagle Elementary School on Eagle Rd., Eagle, Idaho. 4. The standards used in evaluating the application are in the following sections of the Eagle City Code: TITLE 8-7-3-5: CONDITIONAL USE PERMITS 8-7-3-5-C-2: Upon granting or denying a CUP specify: a. the ordinance and standards used in evaluating the application; b. the reasons for approval or denial; and c. the actions, if any, that the applicant could take to obtain a permit. 8-7-3-5-D: Conditions of permit: Upon granting of a CUP conditions may be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or service; and 7. Requiring more restrictive standards than those generally required in this Title 8-7-3-5-E: TRANSFER OF PERMIT: A CUP is not transferrable from one parcel to another. (D) A CUP shall not be considered as establishing a binding precedent to grant other CUP. 2. 3. and The Eagle Comprehensive Plan 1. CONCLUSIONS OF LAW granting of a Conditional Use Permit for the purpose of establishing a day care center in the church is for the betterment of the community and will not violate the Idaho State Codes, Eagle City Codes or Eagle Comprehensive Plan; further the applicant is commended for implementing such use for the children of the community. the approval of the application will have no adverse impact on those property owners in the area; the application submitted by Eagle United Methodist Church for a Conditional Use Permit serves the welfare of the general public and is in the best interest of the public. RECOMMENDATION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle Planning and Zoning Commission recommends to the Council the application be approved with the following conditions: 1. the day care meets the guidelines set by state, county and the City of Eagle. ADOPTED by the Eagle Planning and Zoning Commission, of the City of Eagle Idaho this ~ day of January, 1992. CHÃlro-iAN LLOYD GERBER PLANNING AND ZONING COMMISSION BARBARA MONTGOMERY, CITY CLERK THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation regarding Eagle United Methodist adopted by Eagle Planning and Zoning on January 4, 1993, are hereby adopted by the Eagle City Council subject to the following modifications: February , 1993. ~ ì ."ttest: