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
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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
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MAYOR STEVE GUERBER
, 19b,.
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