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
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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. ~
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