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Findings - PZ - 1993 - CUP - 1750 E State Street/150 Child Care/Learning Facili CITY OF EAGLE IN THE MATTER OF IRISH DAY CARE CBRTBR AB APPLICATION l'OR A CORDITIORAL USE PBRMIT ) ) ) ) FIRDIRGS OF PACT ARD CONCLUSIONS OF LAW On May 3, 1993, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Seation 8-7-3- 5, Eagle City Code, Brett and Larry Irish 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. The day care will be able to provide for a total of 150 children. The day care center proposal is in a C2 zone district. Jerri and Doris Irish presented the project to the Commission. They indicated the center would be a learning center not just a day care. They will incorporate field trips and the center will be equipped with a TV room, library, TV monitors, and kitchen. There would be a cook on staff after the center is established. The playground will be equipped with playground equipment and a tricycle track. The play area will be fenced off with an 8 ft fence. The parking area will include a turn-around for 2 cars at a time. There will be 16 parking spaces. There will be a fire hydrant on the property. The number of teachers required will depend on the number of children enrolled, the numbers are 1 teacher per 5 children for infants, toddlers 1 per 6, 2-3 year old children, 1 per 10, ages on up 1 per 15. 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 ~he 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 May 3, 1993, 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 1750 E. State Street, 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. 8-1-2: Rules and Definitions: Child Care Facility: Any facility where children regularly receive care and supervision, usually unaccompanied by the children's parents, guardians or custodians, and regardless of whether the facility does or does not provide any instruction. This use excludes the case of (1) the operator's children or legal wards or children related by blood or marriage. (2) occasional personal guests, and (3) children aged twelve (12) years and over. Any home, place, or facility providing overnight custodial services for lodging or boarding for the occupants herein shall not be considered a child care facility. and The Eagle Comprehensive Plan Page 1: Purpose and Scope ( f) To encourage urban and urban-type development wi thin the incorporated City limits of Eagle. (h) To ensure that the development of land is commensurate with the physical characteristics of the land. Page 8-9:Transportation (8) Require new development to provide areas for pedestrian and bicycle circulation where possible. (12) Developers of property located adjacent to arterial highways and State St., should be responsible for providing means for internal traffic circulation and assuring access to adjacent properties through the use of such devices as frontage or collector roads, clustering of development activities, shared access, setbacks for future rights-of-way, and provisions for turn bays, turn lanes and curb cuts. Page 11: Community Design (3) The design of the Commercial zones shall conform to the design review ordinance consisting largely of government commercial, and community buildings. (4) new.. . commercial shall meet minimum design standards as specified by ordinance. (10) Buffers shall be developed between conflicting types of land use. Page 14 (3): The development of businesses and professional services within the City limits of Eagle shall be encouraged commensurate with the needs of the community residents. 1. 2. 3. CONCLUSIONS OF LAW granting of a Conditional Use Permit for the purpose of establishing a day care center is for the betterment of the community and will not violate the Idaho State Codes, Eagle City Codes or Eagle Comprehensive Plan. the approval of the application will have no adverse impact on those property owners in the area; the application submitted by the Irish family 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. 2. the day care meets the guidelines set by state, county and the City of Eagle. conditioned on all city codes and conditions of approval as follows: 1. Developer and/or owner shall comply with all requirements of State of Idaho Transportation Dept. 2. approval on access to the dev~lopment. Approval of sewer and water facilities, the Idaho Dept. of Health & Welfare and Central District Health are required. 3. A letter from the fire department is required stating "the developer and/or owner has made arrangements to comply with all requirements of the Fire Department", prior to signing of the final plat by the City Engineer. Eagle Fire Department shall check off and approve all fire hydrant locations and minimum flow per hydrant. Eagle Fire Department shall check off and approve the fire protection system prior to issuance of a building permit. 4. Parking light plans shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. 5. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. The City Parks Committee shall review and approve or reject all landscaping applications required to be submitted for the landscaped areas and planting of street trees, and shall oversee such development and planting for the welfare of trees, shrubs and other vegetation to all commercial development. 6. Shall meet all Design Review provisions regarding design and signs. Parking areal shall be paved and shall be lDIlintained in good condition without holes and free of all dust, trash, weeds and other debris. 7. 8. Access I any parking areas shall be designed in such a manner that any vehicle leaving or entering the parking area from or onto a public or private street shall be traveling in a forward motion. Stripping I all parking areas with a capacity over twelve (12) vehicles shall be stripped with double 9. 10. 11. 12. 13. of the City of lines (siz inches both sides of center) between stalls to facilitate the movement into and out of the parking stalls. Will have at least a siz foot high sight obscuring fence along the property lines that adjoin a residence (8-3-5.1-2), or a strip of land not less than 20 ft. in width planted with dense planting acceptable by the Tree/Parks Committee. All building plans must be approved by the Bagle Building Inspector, Fire Dist. and Bagle Sewer District prior to beginning the project. Shall provide enclosed trash areas as provided in BCC 8-3-2.D Compliance with all State Codes for Day Care Centers and Playground size requirements. ADOPTED by the Eagle Planning and Zoning Commission, Eagle Idaho this 17 day of ~, 1993. .~~ \ B~~bN~O~,\bT\.. ÇLERK CHAIRMAN KEN SMITH PLANNING AND ZONING COMMISSION \ " THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation regarding Irish DayCare Center adopted by the Eagle Planning and Zoning on May 17, 1993, are hereby adopted by the Eagle City Council. DATED this 22 day of June , 1993. .~"