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
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)
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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.
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B~~bN~O~,\bT\.. ÇLERK
CHAIRMAN KEN SMITH
PLANNING AND ZONING
COMMISSION
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"
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.
.~"