Findings - PZ - 1992 - CUP - Cup To Establish Day Care Center /C2 To Attract Buyer
CITY OF EAGLE
IN THE MATTER OF
RAY DOWDING, JR.
AN APPLICATION FOR A
CONDITIONAL USE PERMIT
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FINDINGS OF FACT
.AHD CONCLUSIONS OF
LAW
On October 5, 1992, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, and
Section 8, Eagle City Code, Ray Dowding, Jr. the applicant, came
before the Eagle Planning and Zoning for the City of Eagle, Idaho,
requesting approval of a conditional use permit to establish a day
care center a C2 (Commercial) District. Mr. Dowding does not have
a applicant or buyer for the day care but hopes to attract a buyer
for his property who will establish a day care.
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:
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 day care.
2.
On October 5, 1992, a public hearing was conducted by the
Eagle Planning and Zoning Commission. Testimony was
presented by Tim Gass, attorney for Eagle Glen Townhouses
Association. According to Mr. Gass the association objects to
the proposal citing the access traffic a day care will impose
on the street and the residents, and the added danger to
children in the neighborhood.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan.
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
fac ili ty 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.
There are 3 types of child care facility:
A. Family Day care Home - A child care facility for 6 or fewer
children. Baby sitting services are an accessory use to
residential uses.
B. Group Day Care Facility - A child care facility for 7 to 12
children.
C. Day Care Center - A child care facility for 13 or more children
8-2-3: Official Schedule of District Regulations:
Child care
Family day
Group day
permitted)
Day care center
permitted)
facility:
care: permitted zones: A,Ar,R - CUP: LO, C1
care: CUP all zones except CA, M2, M3 (not
CUP
all
zones
except
CA,
M2,
M3
(not
8-3-4 A:
PERFORMANCE STANDARDS:
Commercial and Industrial Uses
Restricted
(A): Performance Requirements: No land or building in any
district shall be used or occupied in any manner creating
dangerous, injurious, noxious or otherwise objectionable conditions
which could adversely affect the surrounding areas or adjoining
premises; except, that any case permitted by this Title may be
undertaken and maintained if acceptable measures and safeguards to
reduce dangerous and objectionable conditions to acceptable limits
as established by the following performance requirements:
1. Fire Hazards: Any activity involving the use or storage of
flammable or explosive materials shall be protected by adequate
firefighting and fire prevention equipment and by such safety
devices as are normally used in the handling of any such material.
Such hazards shall be kept removed from adjacent activities to a
distance which is compatible with the potential danger involved as
specified in the UFC and the National Safety Foundation
publications.
The Commission concludes that the intended use of the property
cannot be properly addressed without specific plans submitted by a
specific buyer interested in establishing a day care center.
The application submitted by Ray Dowding, Jr. for a conditional use
permit to establish a day care center does not serve the welfare of
the general public and is not in the best public interest, at this
time.
The granting of the application may violate the Idaho Code and
nullifies the interests and purposes of the Eagle City Code,
Section 8-7-3-5.D: Conditions of Permit. Those conditions include
minimizing adverse impacts, controlling the sequence and timing and
duration of development assurances of maintenance, exact locations
and nature of development as well as other restrictive standards.
RECOMMENDATION
APPROVED:
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CHAIR LLOYD GERBER
PLANNING AND ZONING
COMMISSION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and Zoning Commission recommends to
the Council the application be denied based on violations of
the aforementioned sections of Eagle City Code.
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ADOPTED by the ~agle Planning and Zoning co~f~ì~~~6t~t~e City of
Eagle, Idaho thlS 19 day of October \ ~ ,\,""1~~~ ~ ,.~,
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CITY CLERK