Loading...
Findings - PZ - 1993 - CUP - Cup To Establish Day Care CITY OF EAGLE IN THE MATTER OF SEVENTH DAY ADVENTIST CHURCH AN APPLICATION FOR A CONDITIONAL USE PERMIT ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW On July 19,1993, 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, Paster Keith Hansen the representative for the church, came before the Eagle Planning and Zoning Commission for the City of Eagle, Idaho, requesting approval of a conditional use permit to establish day care at the church. The pre-school and kindergarten project will include from 3 years old and up. The center will be staffed with 2 to 3 teachers for up to but no more than 26 children. The center will be a year-round project. The church is located in a R5 Zoning District. Based on the application, testimony from the applicant and all interested parties and, together with all documentary evidence submitted concerning the application, the Eagle Planning and Zoning Commission finds the following: 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW 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 July 19, 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 538 W. State St., 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. CONCLUSIONS OF LAW 1. 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 Seventh Day Adventist Church for a Conditional Use Permit serves the welfare of the general public and is in the best interest of the public. 2. 3. 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 as presented in the application and on July 19, 1993. ADOPTED by the Eagle Planning and Zoning Commission, of the City of Eagle Idaho this --1- day of August, 1993. CHAIRMAN KEN SMITH PLANNING AND ZONING COMMISSION BARBARA MONTGOMERY, CITY CLERK THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation regarding Seventh Day Adventist Day Care Center adopted by the Eagle Planning and Zoning on July 19, 1993, are hereby adopted by the Eagle City Council. DATED this 14 (day of September ~~~ MAYOR STEVE GUERBER , 19b,. \\