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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 ) ) ) ) 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: ~~ 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. ,,~fß~~~J~~~ ADOPTED by the ~agle Planning and Zoning co~f~ì~~~6t~t~e City of Eagle, Idaho thlS 19 day of October \ ~ ,\,""1~~~ ~ ,.~, ,...., ,> ,0'1.. .. CJ t <,."-" .' .~ AT T i r c, .~ - c' '-' ,"" , ; ~ CITY CLERK